5 Denio 541 | N.Y. Sup. Ct. | 1848
There was sufficient evidence to authorize the jury to find that when Glentworth’s draft was accepted by the plaintiff, and the agreement to pay it at maturity executed, the three defendants were copartners in business, under the style and firm of Wilkins, Rollins & Co. It was not pretended that the copartnership was so limited in its nature, that one of its members could not bind the firm to indemnify a third person against an acceptance which he night make at their request and for their benefit. The objection made, was very different from this; it was that the agreement in question was tnvalid, because Wilkins, one of the firm, refused his assent
The defendants had no reason to cqmplain of the charge of the judge. If the verdict had been in their favor, it is by no means clear that the plaintiff would not have had just ground for complaint. In one part of his charge the judge makes the liability of the defendants depend on the fact that the draft had oeen applied to their benefit. But as they were originally bound by the agreement to pay the draft, which they had failed to do, in consequence of which the plaintiff was compelled to pay it, I do not see that their liability to him depended in any degree upon the question whether the draft had been applied to the benefit of the copartnership, or used in some other way by one of its members. But it is unnecessary to dwell on this feature of the charge, as the jury found, upon evidence quite sufficient for the purpose, that the draft had been used for the Benefit of the firm.
It was agreed that the plaintiff was not entitled to recover the costs of the suit against himself as acceptor of the draft. I shall not undertake to say how the law on this point may be,
The justice of the recovery is quite clear, and I do not see that any principle of law has been violated to the prejudice of the plaintiff in error. The judgment should be affirmed.
Judgment affirmed.