58 N.H. 63
Supreme Court of New Hampshire
Decided December 5, 1876
Supreme Court of New Hampshire · decided 1876-12-05
Assumpsit, on the common counts against the defendants as partners, under the name of The Essex Well Company. After the first term, the declaration was amended by tlie addition of a count on a note, signed “ E. F. Bailey, Agent of Essex Well.” There was no evidence tending to show that the defendants authorized Bailey to give the note, or held him out as having authority to give it, or were estopped to deny his authority.
Relies on Benedict v. Swain
Decided 1876-12-05
¶1 The instrument being declared on in an amendment made after the first term, the signature was not admitted under the 46th rule, which considers signatures admitted unless denied within the first four days of the first term. Benedict v. Swain, 43 N. H. 33.
¶2 Exceptions overruled.