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Boylston Bank v. Kilburn

Supreme Court of New Hampshire Rockingham
Nov 5, 1907
68 A. 635 (N.H. 1907)

Summary

In Valley v. Boston M.R. Co., 103 Me. 106, 68 A. 635, plaintiff signed a release, receiving in settlement for his injuries $15 and payment of doctors' bills.

Summary of this case from KELLEY v. SALT LAKE TRANSPORTATION CO. ET AL

Opinion

Decided November 5, 1907.

As against a bona fide holder for value without notice, a partnership is liable upon an unauthorized acceptance of a negotiable draft in the name of the firm by one member thereof.

ASSUMPSIT, against the acceptors of negotiable time drafts. Facts agreed. The plaintiffs are bona fide indorsers and holders of the drafts for value, having obtained them before maturity, in the regular course of business, without knowledge of any infirmity or of facts which would put them upon inquiry.

The defendants filed the following brief statement of defence: At the time the name W. H. Kilburn Co. was signed to the drafts declared on, that concern was a copartnership composed of William H. Kilburn and Oscar E. Smith, who were engaged in the business of buying and selling merchandise, and the scope of the partnership was limited to that business. Neither partner had the right or authority to sign the name of W. H. Kilburn Co., or to pledge the credit of the firm, for any other purpose than to carry on said mercantile business. The acceptance of the drafts, as signed by W. H. Kilburn Co., was by Kilburn, was without the knowledge or consent of Smith, and was not within the scope of the partnership authority conferred upon Kilburn.

The defendant Smith has no defence, except as set forth in the brief statement. At the April term, 1907, of the superior court, Wallace, C. J., ruled that the brief statement did not contain a defence and found a verdict for the plaintiffs, subject to the defendants' exception. If the ruling is erroneous, the case is to stand for trial; otherwise, there is to be judgment on the verdict.

Edward H. Adams and Arthur O. Fuller, for the plaintiffs.

Ernest L. Guptill and Page Bartlett, for the defendants.


The facts agreed establish a right of action to which the brief statement discloses no defence. National State Capital Bank v. Noyes, 62 N.H. 35; Wagner v. Freschl, 56 N.H. 495; State Capital Bank v. Thompson, 42 N.H. 369; Stimson v. Whitney, 130 Mass. 591; Union National Bank v. Neill, 149 Fed. Rep. 711; 1 Am. Eng. Enc. Law 348.

Judgment for the plaintiffs.

All concurred.


Summaries of

Boylston Bank v. Kilburn

Supreme Court of New Hampshire Rockingham
Nov 5, 1907
68 A. 635 (N.H. 1907)

In Valley v. Boston M.R. Co., 103 Me. 106, 68 A. 635, plaintiff signed a release, receiving in settlement for his injuries $15 and payment of doctors' bills.

Summary of this case from KELLEY v. SALT LAKE TRANSPORTATION CO. ET AL
Case details for

Boylston Bank v. Kilburn

Case Details

Full title:BOYLSTON NATIONAL BANK v. KILBURN a. SAME v. SAME. BRISTOL COUNTY NATIONAL…

Court:Supreme Court of New Hampshire Rockingham

Date published: Nov 5, 1907

Citations

68 A. 635 (N.H. 1907)
68 A. 635

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