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140 Pa. 601

Potts v. Taylor

Supreme Court of Pennsylvania

Decided March 9, 1891

Supreme Court of Pennsylvania · decided 1891-03-09

No. 61 January Term 1891, Sup. Ct.; court below, No. 117 July Term 1885, C. P. On May 19, 1885, William R. Potts and others, surviving partners of Frederick A. Potts, deceased, lately trading as Frederick A. Potts & Co., brought assumpsit against Amanda Taylor and others, executors of Jeremiah Taylor, deceased, and Emanuel Bast.

Relies on Moorehead v. Gilmore · Haldeman & Grubb v. Bank of Middletown

Good law ✅— No negative treatment on recordhow we know

Decided 1891-03-09

How this case has been cited

Cited by 3 later decisions — most recently July 1993

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1We think judgment was properly entered upon the verdict. It was not seriously denied that Bast was a member of the firm *604of Jeremiah Taylor & Co. up to October 4, 1884; that no notice of the dissolution of the firm had been given; and that the plaintiffs were holders for value of the note in controversy, before maturity. This would entitle the plaintiffs to recover, unless notice in some way had been brought home to them that Bast was making an improper use of the firm name. No such notice in fact was alleged, but it was contended there was enough on the face of the note, with other circumstances, to put Frederick A. Potts & Co. upon inquiry. The fact that the latter had previously received several bills from the firm, all of which were in the handwriting of Jeremiah Taylor, amounts to little. The fact that the note was drawn to the order of Bast, amounts to less: Haldeman v. Bank, 28 Pa. 440; Moorehead v. Gilmore, 77 Pa. 118. The latter proposition is fully discussed in those cases.

¶2Judgment affirmed.

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