Comstock v. Warner — 2 Thomp. & Cook 663

Majority

p. 663

Comstock et al. v. Warner et al., appellant.

Headnote

Partnership—statements made by pm'tner—when binding on firm.

Plaintiffs being requested, by K. to sell goods to Mm on credit asked defendants, a firm in business in the same city with plaintiffs, concerning the responsibility of K., and were told by one of the defendants that the store carried on by K. was a branch of defendant’s house. Believing this, plaintiffs gave K. credit. Held, that such a statement by one of the partners bound defendant’s firm, whether true or false.

William K Green, for appellants.

Sprague <5 Gorham, for respondents.

Appeal from a judgment entered upon the verdict of a jury, and from an order denying a new trial. The judgment was affirmed, on the ground that the evidence was sufficient to require the court to submit the case to the jury. The head note contains all that is important in the opinion.

Judgment affirmed.