162 P. 834 | Or. | 1917
delivered the opinion of the court.
The note is signed, “The Oregon Locators, by F. L. Granger, member of the firm authorized to sign the firm name.” It is alleged in the complaint and was found by the trial court that at the time of the execution of the note L. B. Cottrell and F. L. Granger, alias Guy H. Clark, were partners doing business under the firm name and style of “The Oregon Locators,” and that the note in question was given in consideration of services rendered the partnership.
“No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided; but one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name.”
It seems to us that the note comes within the last provision of this section that “one who signs in a trade or assumed name will be liable.” It is also averred in the complaint and was found by the trial court that the defendants adopted as a firm name * ‘ The Oregon Locators. ” It is a well-recognized principle of law that a partnership may adopt any name it chooses as its firm name: 30 Cyc. 419. It is also well settled that each partner is the agent of the firm for the transaction of its business, and may sign the firm name to any paper given for the purposes of the partnership business: Baker v. Seaweard, 68 Or. 80, 85 (136 Pac. 870); Morgan’s Estate, 46 Or. 233, 237 (77 Pac. 608, 78 Pac. 1029). Section 5852, L. O. L., declares that “the signature of any party may be made by a duly authorized agent.” The signature of the
Finding no error in the record, the judgment of the lower court is affirmed. Affirmed.