West Side Trust Co. v. Gascoigne
| Decision Date | 03 November 1955 |
| Docket Number | No. L--5050,L--5050 |
| Citation | 37 N.J.Super. 588,117 A.2d 682 |
| Parties | WEST SIDE TRUST COMPANY, a trust company of New Jersey, Plaintiff, v. Arthur O. GASCOIGNE and Sydney Jackson, partners, trading as JacksonContractors, Defendants. . Law Division |
| Court | New Jersey Superior Court |
Bilder, Bilder & Kaufman, Newark (Walter J. Bilder, Newark, appearing), for plaintiff.
Joseph L. Freiman, Union City, for defendants.
WAUGH, J.C.C. (temporarily assigned).
This is a motion for summary judgment pursuant to R.R. 4:58--1 et seq., on the ground that the pleadings, depositions and affidavits as file 'show palpably that there is no genuine issue as to any material fact challenged.'
Plaintiff bank seeks recovery against the two defendants, as partners, on three promissory notes, drawn in favor of the plaintiff and bearing in each case the signature 'Jackson Contractors, Arthur O. Gascoigne.' The first note is dated July 24, 1952; the second, December 3, 1952, and the third, March 6, 1953.
Since the dispute in this case turns upon the real or apparent partnership between the two defendants, a chronological re sume of the written evidence in that regard will be helpful.
On September 1, 1949 a partnership existing between the two defendants was admittedly dissolved and on that date the defendant Gascoigne filed a trade name certificate in the office of the Clerk of Essex County, showing that Arthur O Gascoigne Alone was doing business under the name of Jackson Contractors.
On June 23, 1952 a financial statement of Jackson Contractors, signed by Gascoigne alone, was delivered to plaintiff bank. In this statement Sydney Jackson, the co-defendant, is listed as a special partner.
On July 24, 1952, the first loan was granted by plaintiff to Jackson Contractors, on a note signed by Gascoigne alone.
On July 29, 1952 a certificate of dissolution of Jackson Contractors, signed by Gascoigne alone was filed August 1, 1952 in the office of the Essex County Clerk.
On July 30, 1952 an account withdrawal card, admittedly signed by both defendants, was delivered to plaintiff bank.
On August 1, 1952 a certificate of partnership, admittedly signed by both defendants, in which it is set forth that they were trading as Jackson Contractors, was filed in the office of the Essex County Clerk. No certificate of partnership dissolution had been filed as of May 16, 1955. It is to be noted that the certificate of dissolution, dated July 29, 1952, and the certificate of partnership, signed August 1, 1952, were both sworn to before the same Notary Public on August 1, 1952.
Thereafter, the notes of December 3, 1952 and March 6, 1953, were signed on behalf of the partnership of Gascoigne.
Defendant Jackson seeks to avoid liability on the ground that he is not and has not, since September 1, 1949, been a partner in Jackson Contractors; that there was only one outstanding account (the Efroy contract) in which he had an interest; that
(Affidavit of Jackson, paragraph 5)
He urges further that the bank was aware that he was a special partner only and had been made fully award of the nature of the special partnership, namely that it was only in one account.
It is clear that the...
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West Side Trust Co. v. Gascoigne
...held for trial because the trial court concluded that a disputed factual issue existed as to that note. West Side Trust Co. v. Gascoigne, 37 N.J.Super. 588, 117 A.2d 682 (Law Div.1955). This appeal followed. At the outset a procedural bar presents itself. A judgment is final so as to be rev......
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Reisen Lumber & Millwork Co. v. Simonelli, L--41617
...person So giving credit' signifies a person who gave credit 'on the faith of such representation.' In West Side Trust Co. v. Gascoigne, 37 N.J.Super. 588, 117 A.2d 682 (Law Div.1955), the trial court granted a summary judgment to the creditor on the theory that the filing of the business na......