Clarke v. Wallace
North Dakota Supreme Court
PPEAL from district court, Stutsman county; Hon. Roderick Rose, Judge. cited: State v. Caskell, 18 Wend. 478; Zuel v. Bowen, 78 111. 234; Blodgett v. Weed, 119 Mass. 215; Deets v. Lonsdale, 49 Ind. 525. Plaintiff cannot hold the partners without showing their authority for or assent to the guaranty. Bank v. Bank, 60 N. Y. 285; Williams v. Well-bridge, 3 Wend. 415; Henderson v. Birkevootz, 37 Cal. 113; Frend v. Durgee, 35 Am.
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PPEAL from district court, Stutsman county; Hon. Roderick Rose, Judge. cited: State v. Caskell, 18 Wend. 478; Zuel v. Bowen, 78 111. 234; Blodgett v. Weed, 119 Mass. 215; Deets v. Lonsdale, 49 Ind. 525. Plaintiff cannot hold the partners without showing their authority for or assent to the guaranty. Bank v. Bank, 60 N. Y. 285; Williams v. Well-bridge, 3 Wend. 415; Henderson v. Birkevootz, 37 Cal. 113; Frend v. Durgee, 35 Am. Rep. -92. Appellants did not become liable by receiving the benefit of the transaction. Craighead v. Petterson, 72 N. Y. 280; Lindley on Part. 504; Collyer on Part. 645,…
1Opinion of the CourtBartholomew, J.
The findings o£ the court show that in 1883 the defendants Winslow and Allen, together with John A. J. Sheets and Samuel M. Bickford — the two latter now deceased, and their administrators being defendants herein — were copartners engaged in the banking, real estate and loan business at Jamestown, Dak. T., under the firm name of “North Dakota Bank.” Alien was the managing member of the firm. The firm had about $1,300 on deposit in the First National Bank of Jamestown. The defendant Bobert E. Wallace was president of the latter bank. This bank was in failing circumstances. Wallace needed…
2Cases cited6 opinions
- Foot v. SabinNew York Supreme Court · 1821
- Schermerhorn v. SchermerhornNew York Supreme Court · 1828
- Bank of Rochester v. BowenNew York Supreme Court · 1831
- National Security Bank v. McDonaldMassachusetts Supreme Judicial Court · 1879
- Moynahan v. HanafordMichigan Supreme Court · 1879
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3Cited by2 opinions
- First National Bank v. FarsonNew York Court of Appeals · 1919
- Security Bank v. KingslandNorth Dakota Supreme Court · 1895