Kilpatrick v. Villaume

The plaintiff sues upon three promissory notes made by defendant to order of Kilpatrick & Roylanee,, and alleges that they were made and delivered to her, “ doing, business as successor to and under the name ■ of Kilpatrick & Roylanee.” The defendant resists on the sole defense that when the notes were made there was no such partner as Roy-lance, and that plaintiff had not filed the certificate and published the notice for continuing the use of such firm name as required by statute. In the Barron Case, 12 N. Y. Supp. 455, Chief Justice Daly, in referring to the rule laid down in. the Gay…