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Abstract

The two defendants, partners in the operation of the Mulkey Motor Co., an automobile sales establishment, had indorsed promissory notes in the name of the firm and had sold them to the plaintiff. Later the defendants incorporated under the same name and continued to carry on the business as before. Thereafter the plaintiff, without knowledge of the incorporation, purchased from the defendants certain notes which were indorsed in the accustomed fashion. In an action against the defendants as partners, based on such indorsements of the latter notes, it was contended that the debt was that of the corporation. Held, that since the plaintiff, who had dealt with the defendants during the existence of the partnership, had received no notice of the incorporation, the defendants could not evade liability. Mulkey v. Anglin, (Okla. 1933) 25 Pac. (2d) 778.

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