48 Cal. 545 | Cal. | 1874
At the instance of the plaintiff, the Court below instructed the jury “that if Sperling was informed of the fact of the giving of. these, notes by his copartner, Cohen, in the name of the firm, and omitted to repudiate or disaffirm, within a reasonable time, what had been done by Cohen, he will be held to have ratified and adopted what he, Cohen, had done in the firm name.”
The indebtedness for which the notes were given was the indebtedness of Cohen in the first instance, and not that of the copartnership firm of Cohen & Sperling. The instruction, assuming as it does that Sperling did not assent to the transaction at the time the note was delivered, and,- of
Judgment and order denying new trial reversed, and cause remanded for a new trial.