Mutual National Bank v. Richardson
Supreme Court of Louisiana
APPEAL from the Third District Court for the parish of Orleans. Monroe, J. An individual loaning money to one member of a mercantile firm and receiving a firm note therefor, has a right to presume that the note is made in the course of the partnership business and binds all the members of the firm. 46 Iowa, 485. Whenever a member of the firm gives a note in the firm name, the presumption is that it is given for a partnership purpose. 31 Michigan, 373; Story on Bart., by…
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APPEAL from the Third District Court for the parish of Orleans. Monroe, J. An individual loaning money to one member of a mercantile firm and receiving a firm note therefor, has a right to presume that the note is made in the course of the partnership business and binds all the members of the firm. 46 Iowa, 485. Whenever a member of the firm gives a note in the firm name, the presumption is that it is given for a partnership purpose. 31 Michigan, 373; Story on Bart., by Gray, Jr., p. 253, note 1; p. 255, note 1, and end of preceding notes; p. 193, § 107; p. 194, § 108 ; 9 Bick. 272, 274.…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiff seeks to hold J. P. Richardson, as a member of the Arm of Richardson & Cary, liable for two notes, endorsed by G. W. Cary, the other member, in the name of the firm. Cary confessed judgment, but Richardson resists, on the ground that the endorsements were made by Cary, for his personal use, fraudulently, to plaintiff’s knowledge.
On the trial, the notes sued upon were offered to be introduced in evidence; but the defendant objected, unless the endorsements were first proved to be genuine. The objection was sustained, the…
2Cases cited9 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Galloway v. FinleySupreme Court of the United States · 1838
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
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