Vanderhurst, Sanborn, & Co. v. De Witt

Action upon a promissory note. The trial was by a jury, and resulted in a verdict and judgment in favor of plaintiffs, and the defendant William De Witt appeals.

The note sued upon is signed “ Geo. & Wm. De Witt,” and was in fact so signed and delivered to plaintiffs by the defendant George W. De Witt. The appellant alleges in his answer that the note was executed without his knowledge and authority. The evidence upon the trial tended to show that the note was made by George W. De Witt in settlement of an account which the plaintiffs had against him for merchandise furnished to and used by him in carrying on a certain farming and thrashing business, in which business the respondénts claim that the appellant and the said George W. De Witt were in fact partners. The"evidence further shows that at the time the goods and merchandise were sold, they were charged personally to George W. De Witt, and appellant *62 was not at the time held out to respondents as a partner in the business referred to, nor' did they know of the existence of the partnership now alleged.

1. It will be seen from the foregoing statement that the right of the respondents to maintain this action against the…