Hull v. Young

Citations

• 30 S.C. 121
• 3 L.R.A. 521
• 8 S.E. 695
• 1889 S.C. LEXIS 77

Syllabus

<p>1. One partner is not bound by a sealed instrument executed without his knowledge or authority, by his copartner in the name of the firm, unless he subsequently ratified it. But an acknowledgment of liability on the note is not a ratification unless he then knew that the note was under seal. Sibley & Co. v. Young & Napier, 26 S. C., 415, approved.</p> <p>2. The fact that sealed notes are negotiable under the laws of Georgia, where this note was executed and made payable, does not render a sealed note of that State in a partnership name binding on a non-assenting partner in this State. Mr. Justice McIver, dissenting.</p>