Rollins v. Stevens
Supreme Judicial Court of Maine
Assumpsit upon a promissory note. The defendants were defaulted by consent, subject to the opinion of the court, as to their liability. The note was signed “John O. P. Stevens, principal: — W. & H. Stevens, sureties.” William Stevens and Hiram Stevens were co-partners in navigation and business of commerce, under the style of W. & H. Stevens. Their company name was affixed to the note, in the form above stated, by Hiram Stevens.
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Assumpsit upon a promissory note. The defendants were defaulted by consent, subject to the opinion of the court, as to their liability. The note was signed “John O. P. Stevens, principal: — W. & H. Stevens, sureties.” William Stevens and Hiram Stevens were co-partners in navigation and business of commerce, under the style of W. & H. Stevens. Their company name was affixed to the note, in the form above stated, by Hiram Stevens. Story on Partnership, 190 to 210, and notes; 3 Kent’s Com. 23, and notes; Living-ton v. Roosevelt, 4 Johns. 251.
1Opinion of the CourtWells, J.
It appeared by the evidence, that Hiram Stevens signed the name of the firm, consisting of himself, and *455William Stevens, to the note in suit, as sureties, for the other maker.
One partner has no authority thus to use the name of the firm, out of the scope of the co-partnership business, unless the consent or subsequent ratification of the other is obtained. The note, on its face, indicates that it was given for the debt of the principal, and not for the debt of the firm. And the burden of proving such consent or ratification rests on the plaintiff.
The plaintiff’s intestate could not claim to…
2Cases cited1 opinion
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