Burnham v. Whittier

By the court. It is well settled, that one of a firm may order the contents of a note made payable to the firm or order, to be paid to himself, and maintain an action upon it in his own name. 1 Caine’s Rep. 505, Kirby v. Cogswell; Chitty on Bills, 102, note ; Kyd on Bills, 106; 2 Peter’s S. C. R. 197; 16 Mass. Rep. 314, Russell v. Swan ; Bailey on Bills, 77. Judgment for the plaintiff.