A Treatise On the Law of Partnership
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Eep.
75; Weeks v. Rake Co. 58 N. H.
101 ; Printup v. Turner, 65 Ga. 71 ; Stroman v. Varn, 19 S. C. 307; Sut- live v. Jones, 61 Ga. 676 ; Sibley v.
Young, 2 S. East. Rep. (S. C.) 314.
See, however, Donnelly v. Elsee, 6 S. West. Rep. (Tex.) 563. See, also,.
Allen v. Cheever, 61 N. H. 32 (fol- lowing Morse v. Bellows, 7 id. 549), where it was held that one partner may, without special authority, bind his firm by an agreement,, under seal, of compromise or re- lease to a joint debtor of a partner- ...ship claim.
The rule that one partner cannot bind his associate by an instrument under seal does not apply to an in- strument which would be equally operative without a seal ; as, for example, a bill of sale under seal of partnership property in dis- charge of a partnership debt, there being no delivery of the property at the time. Patten v. Kavanaugh,.
11 Daly, 348.
So where a promissory note is executed in the firm name by one partner and a seal affixed thereto, whether the partner not executing the note is or is not liable on the note, he will still be liable for the (h) See Hawks haw u.
What to read after A Treatise On the Law of Partnership?
You can find similar books in the "Read Also" column, or choose other free books by Ewell, Marshall Davis, 1844-1928 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Eep.
75; Weeks v. Rake Co. 58 N. H.
101 ; Printup v. Turner, 65 Ga. 71 ; Stroman v. Varn, 19 S. C. 307; Sut- live v. Jones, 61 Ga. 676 ; Sibley v.
Young, 2 S. East. Rep. (S. C.) 314.
See, however, Donnelly v. Elsee, 6 S. West. Rep. (Tex.) 563. See, also,.
Allen v. Cheever, 61 N. H. 32 (fol- lowing Morse v. Bellows, 7 id. 549), where it was held that one partner may, without special authority, bind his firm by an agreement,, under seal, of compromise or re- lease to a joint debtor of a partner- ...ship claim.
The rule that one partner cannot bind his associate by an instrument under seal does not apply to an in- strument which would be equally operative without a seal ; as, for example, a bill of sale under seal of partnership property in dis- charge of a partnership debt, there being no delivery of the property at the time. Patten v. Kavanaugh,.
11 Daly, 348.
So where a promissory note is executed in the firm name by one partner and a seal affixed thereto, whether the partner not executing the note is or is not liable on the note, he will still be liable for the (h) See Hawks haw u.
What to read after A Treatise On the Law of Partnership?
You can find similar books in the "Read Also" column, or choose other free books by Ewell, Marshall Davis, 1844-1928 to read onlineMoreLess
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