Joyce v. Williams
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in November, 1832, before the Hon. Chakles H. Buggles, one of the circuit judges. The suit was brought upon the acceptance of a draft, drawn by one 8. D. Flagg upon the defendants, bearing date 24th December, 1831, for the sum of $207, payable 4 months after date.
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This was an action of assumpsit, tried at the New-York circuit in November, 1832, before the Hon. Chakles H. Buggles, one of the circuit judges. The suit was brought upon the acceptance of a draft, drawn by one 8. D. Flagg upon the defendants, bearing date 24th December, 1831, for the sum of $207, payable 4 months after date. The acceptance was in the hand writing of Williams, in the partnership name of Denison Williams 8¡< Co., under which name the defendants transacted business as partners. Johnson, who alone defended this suit, proved that the partnership which existed between him and…
1Opinion of the Court
*144By the Court,
Sutherland, J.
The learned judge who tried the cause decided, that there was nothing in the testimony throwing upon the plaintiff the necessity of proving the knowledge or consent of the defendant Johnson to the giving the acceptance on which the suit was brought. In this opinion I think he erred. What were the leading facts in the case, as testified to by Guiteau, the plaintiff’s clerk ? He stated that he was clerk and salesman to the plaintiff, when the acceptance on which the suit is brought was taken ; that Samuel D. Flagg, the drawer, called at the plaintiff’s store to…
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