Page:United States Reports, Volume 1.djvu/133

122 

1784.

authority to that purpofe, mutually given by entering into partnerfhip ; and in every thing that relates to their ufual dealings, each muft be confidered as the attorney of the other. But this principle cannot be extended further, to embrace objects out of the courfe of trade. It does not authorize one to execute a deed for the other ; this does not refult from their connection as partners ; and there is not a fingle inftance in the books which can countenance fuch an implication.

In the cafe before the Court, there is no difpute that the debt is not bona ʃide due to the plaintiff. Nor can there be any, with refpect to the validity of the warrant, againft the perfon who actually fealed it. Whatever, therefore, may be the fate of the judgment againft Baʃʃe, we are, unanimoufly, of opinion, that it is, in every point of view, binding upon Soyer : And in conformity to the authority in 1 ''Black. Rep.'' 1133. (where the Court granted a rule to ftrike out the name of an infant, after judgment was entered, upon a warrant executed by him and another) we now give the plaintiff leave to ftrike out the name of Baʃʃe ; and the judgment againft Soyer will remain.

Accordingly, judgment fet afide as to Baʃʃe, and confirmed as to Soyer.

See poft in S.C. Whitehead vs Tilbor.