First National Bank v. Grignon

Citations

• 7 Idaho 646
• 65 P. 365
• 1901 Ida. LEXIS 27

Syllabus

<p>Partnership — Presumptions.—Where a copartnership is shown to exist, it is presumed to continue until notice is published or brought to the attention of those dealing with it.</p> <p>Authority of Managing Partner. — The managing partner has authority to execute and deliver notes and renew them as the business of the firm may require.</p> <p>Service by Publication — Judgment in Rem. — A judgment rendered in another state on promissory notes against a firm, one of whom is a resident of the state in which the business is carried on, and the other of this state, and service on the resident of this state is by publication, is a judgment in rem, and is not a bar to a suit in this state on the original obligation.</p> <p>Notes — Consideration Want of. — A plea of want of consideration cannot be maintained, where it is shown that all transactions were had by and with the managing partner, and for an existing obligation, and no fraud or collusion is shown.</p> <p>(Syllabus by the court.)</p>