National Bank of Commerce v. Thompson Advertising Co.

The defendants appeal from a judgment rendered in favor of the plaintiff in the superior court of Los Angeles County, upon a promissory note.

Appellant copartnership, consisting of defendants White and Winthrop, was engaged in general printing, advertising, multigraphing and mimeographing business, for which they solicited orders, and furnished stationery, supplies and labor. Respondent purchased stationery and printing from them, and upon the application of Winthrop loaned $500, and $2,000, for which the latter signed promissory notes to the bank, -“Robert A. Winthrop. Thompson Adv. Company”. An account was opened at the bank by Winthrop in the name of “Thompson Adv. Co., Partnership”, and various amounts were withdrawn, totaling $2,063.54, by checks signed by him. Numerous statements rendered by the copartnership for printing and stationery were paid by the bank, which were receipted as follows: “Paid”. “Thompson Advertising Company by George Cossitt White”. Respondent thereafter notified said company of the amount due upon the notes and • requested payment, whereupon appellant White denied knowledge of the account. Following negotiations between the parties and their counsel,…