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Griener, surviving partner, &c., v. Ulerey

Iowa Supreme Court1866-04-13
20 Iowa 266

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Dillon, J.

The defendant makes but one question: "Was the plaintiff entitled to recover upon the introduction of the note, without further proof of the exist-7 A ence 0f the partnership ?

The law is well settled, that the making of a note payable to a firm or to a corporation, is a written admission of the existence of such a firm or corporation, and proof aliunde of the copartnership or corporation is not required in order to make out a prima facie case for recovery on the instrument. Whether the admission is conclusive is a question not before us. Gordon v. Janney & Co., Morris (Iowa), 182, 183; Ang. & Ames on Corp., § 635, and authorities there cited.

It may be true, as alleged in tbe answer, tbat “Thomas & Grriener” were not general coparlners. Yet the note is an admission that witb respect to it they sustained to each other this relation.

Affirmed.