Williams v. Gilchrist
Superior Court of New Hampshire
Assumpsit, on a promissory note of December 8,1837, for $150, drawn payable to the plaintiff, or order, on demand, with interest annually, signed “ Brewer, Gilchrist & Harvey.” The plaintiff declared in two counts, alleging in the first count that the defendants subscribed the note by the name of “ Brewer, Gilchrist & Harvey.” The second count was for two hundred dollars money had and received.
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Assumpsit, on a promissory note of December 8,1837, for $150, drawn payable to the plaintiff, or order, on demand, with interest annually, signed “ Brewer, Gilchrist & Harvey.” The plaintiff declared in two counts, alleging in the first count that the defendants subscribed the note by the name of “ Brewer, Gilchrist & Harvey.” The second count was for two hundred dollars money had and received. It appeared in evidence that in March, 1837, Ira Harvey, one of the defendants, borrowed of one Jacob Williams $135, payable in eight months, with interest; gave his note for that amount, and procured…
1Opinion of the Court
Upham. J.*
In this case, the suit is brought against Gilchrist & Harvey, but the note declared upon bears the signature of the firm of Brewer, Gilchrist & Harvey. Notwithstanding this, the plaintiff does not claim to hold the firm, but declares that the defendants, by their note, by them subscribed, by the name of Brewer, Gilchrist &. Harvey, promised the plaintiff, &c. The declaration is an admission that the firm, whose partnership name is subscribed to the note, did not execute it, but that it was the promise and act solely of Gilchrist & Harvey, and binding on them alone.
*538Were the…
2Cases cited6 opinions
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Markle v. HatfieldNew York Supreme Court · 1807
- Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Grafton Bank v. FlandersSuperior Court of New Hampshire · 1827
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