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1 N.C. 70

Blake v. Wheaton

Superior Court of North Carolina

Decided November 15, 1799

Superior Court of North Carolina · decided 1799-11-15

drew a note payable to Tisdale, one of the firm, or order: he indorsed it to the plaintiffs, who brought the present suit against Wheaton and obtained a verdict. that the note was made payable by D. Wheaton and J. Tisdale, under the firm of Wheaton and Tisdale, to J. Tisdale, whereby the said James became the payee and payor:—that the said James could not have maintained a suit to recover the contents of the note; neither can Blake and Green, as his assignees; for he cannot…

Decided 1799-11-15

¶1By

the Court.

¶2The paper, on which this suit is brought, should be considered as an authority or power given by both partners to Tisdale, to draw on the partnership effects, in favour of some third person, and as an engagement of the partners that such draft should be paid. This amounts to an acceptance, and places the contract upon the footing of an order drawn by Tisdale, and accepted by himself and partner, in favour of the plaintiff; which is certainly valid. It is not unusual in mercantile transactions, for partners to draw, payable to themselves, or their order; Douglas, 653: and for one, or both to indorse to some third person; then, two may with equal propriety promise to pay to the order of one.

¶3Reasons over-ruled.

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