Fisher v. . Pender
Supreme Court of North Carolina
This was an action of debt, commenced* by a warrant before a justice of the peace, and brought, by appeal, to the Superior Court of Edgecombe, where it was tried last Term, by Saunders, J. The plaintiff declared on the following sealed instrument: “ Due J. Fisher, forty-five dollars, for value received, 12th October 1854. Pender & Bryan, {seal.)” The execution, by the defendant, Pender, was admitted.
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This was an action of debt, commenced* by a warrant before a justice of the peace, and brought, by appeal, to the Superior Court of Edgecombe, where it was tried last Term, by Saunders, J. The plaintiff declared on the following sealed instrument: “ Due J. Fisher, forty-five dollars, for value received, 12th October 1854. Pender & Bryan, {seal.)” The execution, by the defendant, Pender, was admitted. It was given by him for a balance of a partnership debt, due on a trading between plaintiff and Pender & Bryan, as partners. It was admitted, also, that Pender bad no authority to bind the firm…
1Opinion of the CourtBattle, J.
The bill of exceptions in this casé, presents the question, whether an instrument, in the form of a sealed, promissory note, given by one partner, in the partnership name, and for a partnership debt, but without any authority to bind the other partners by a deed, is the bond of the partner who signed it.
Mr. Collyer, in bis valuable work on partnership, says that “ where a partner- executes a deed for hirnself and his copartner, it has frequently been decided that he himself is bound, though his copartner is not.” Coll, on Pars. p. 444, sec. 471, Perkins’ Edition. Several cases have been…
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