The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 7 (1884-1885)
The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 7 (1884-1885)
Ontario. High Court of Justice
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R. 411. '' But the action is against the two parties, as being jointly bound by the name of the firm written by one of them on the back of the note, without the sanction or knowledge of the other partner. A partner has no legal right to endorse in the name of the firm, as guaranteeing a note in which the firm has no interest, and not arising fix)m or connected with any partnership dealings ; and here the plaintiff admits that when he got the note he knew, as he himself expresses it, all about i...t " : Harris v. McLeod et al., 14 XJ. C. R. 164. See also Royal Canadian Bank \, Wilson et al,, 24 C. P. 362 ; Brettel v. Williams, 4 Ex. 623 ; Hogwrth v. iHitham, L. R 3 Q. B. D. 643 ; Pollock on Partnership, 30 ; Lindley on Partnership, 4th ed., 325 et seq. In the United States the law is well settled adversely to the plaintiffs' i-ecovery in this case. See Daniel on Negotiable Instruments, 2nd ed., sec, 365 ; Parsons on Notes and BiUs, 2nd ed., vol. i., 140. The authorities above referred to shew clearly to my mind that the plaintiffs cannot recover.
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