Pease v. Cole
Supreme Court of Connecticut
Action by an indorsee on a promissory note of the defendants ; brought to the Court of Common Pleas of Hartford county and tried to the court before Calhoun, J. The following facts were found by the court: In July, 1883, the defendants, Charles H. Cole and Daniel McCarthy, formed a copartnership for the purpose of conducting the Capital Theater in the city of Hartford. The copartnership was to continue four years. ■ The partnership agreement was by parol.
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Action by an indorsee on a promissory note of the defendants ; brought to the Court of Common Pleas of Hartford county and tried to the court before Calhoun, J. The following facts were found by the court: In July, 1883, the defendants, Charles H. Cole and Daniel McCarthy, formed a copartnership for the purpose of conducting the Capital Theater in the city of Hartford. The copartnership was to continue four years. ■ The partnership agreement was by parol. The defendants were equal partners. The defendants commenced business early in August, 1883, and afterwards, on the 24th day of August,…
1Opinion of the CourtLoomis, J.
The question involved in this case is, whether one member of a copartnership formed for the purpose of conducting a theater in Hartford, could, under the circumstances mentioned in the finding, bind the other member by executing a negotiable promissory note in the name of the firm for money borrowed.
The finding in terms excludes all express authority of the other partner, and even all knowledge of the matter on his part. So that any conclusion that the note is the note of the firm rather than of the member executing it, must necessarily rest on an authority to be implied. But here again the…
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