
    MICHAEL HARRIS, RESPONDENT, v. HENRY HEILIG, IMPLEADED, APPELLANT.
    Argued November 7, 1912
    Decided February 24, 1913.
    The defendant was a partner with others in the building of two houses, which were completed four years before the negotiable note in suit was given. Held, that in the absence of proof that it was customary in the locality for a firm in that business to give negotiable notes and that the authority of one partner to sign notes in the firm name continued after the object of the partnership was accomplished, a partner who did not sign was not liable thereon.
    On appeal from the First District Court of Jersey City.
    
      This is an action upon a promissory note of M. Feinstein & Company, to the order of Morris Schultz, which was transferred by Schultz to the plaintiff in payment of his individual debt. The question is whether the appellant, Heilig, can be held as a member of the firm. The trial judge found as facts that the signature was made by Max Feinstein; that the firm was composed of Max Feinstein, Morris Schultz, Charles Schultz, Henry Heilig and Harris Cowan; that it was organized seven years ago to erect two buildings in Jersey City which were completed four years ago. Schultz had informed the plaintiff that the firm owed him for work on the buildings under a partnership agreement; plaintiff knew that Schultz was a member of the firm; that he had received a note of the firm for $-500 in payment of his claims, which he wanted plaintiff to accept in settlement of his debt, paying Schultz the difference; the plaintiff was unwilling to do this and the note was exchanged for smaller ones of which the note in suit is one. By the agreement of settlement the firm agreed to pay Schultz $500 when the houses were sold. The plaintiff did not know of this agreement. The houses have not been sold.
    Before Justices Swayze, Voorhees and Kalisch.
    For the respondent, Clarence Kelsey.
    
    For the appellant, Collins & Corbin.
    
   The opinion of the court was delivered by

Swayze, J.  