15 Wend. 364 | N.Y. Sup. Ct. | 1836
By the Court,
There is nothing in the testimony or upon the face of the note, disclosing to the plaintiffs that the endorsement of the firm of which the defendants are members, was made for the accommodation of the maker. On the contrary, the note being made payable to the firm, the fair inference is that it passed out of their hands in the usual course of business. The plaintiffs are bona fide holders for full value, according to the proof; and the firm is therefore liable, though its name was used out of the partnership dealings, and without the knowledge or assent of one of its members. 7 Wend. 158. id. 309. 14 id. 133. Chitty on Bills, 30. 7 East, 210.
The only question of any doubt in the case is, as to the sufficiency of the notice of the dishonor of the note. We have seen that we must consider and decide this case as if the endorsement of the firm had been made in pursuance of proper authority, and that the defendants are legally liable upon due notice, the same as if the note had been made in the regular business of the concern; and in such case, upon
The case operates harshly upon Stall,- as he had no knowledge of, nor his house any benefit from the note ; both his partners, however, were privy to it; one endorsed, a,nd the other procured the discount, and they are clearly responsible to him for the amount of this recovery, together with costs and charges.