Bradley v. Linn

Appellant is not entitled to recover for two reasons: First, there was no authority in Ellet to execute a partnership note, either in the articles of copartnership or the character of the business they were carrying on.

It is well settled that the law implies authority of one partner to execute notes, or other commercial paper, only where, from the nature of the partnership, the authority is necessary to .the successful carrying on of the business engaged in, or when its exercise is according to usage and custom in partnership enterprises of the like character. Gray v. Waul, 18 Ill. 32.

“ If…