Illustrative Cases On Partnership

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6G1 ; Waldron v. Simmons, 28 Ala. 629 ; Andrews v, Keith, 34 Ala. 722; Coster's Ex'rs v. Bank of Georgia, 24 Ala. 37; Parsons on Partnership, 265, 350, 351, 352, 168, 502; Fourth Nat. Bank v. Railroad Co. , 11 Wall. (U. S. ) 624, 20 L. Ed. 82; Rodriguez v. Hefferman, 5 Johns. Ch. (N. Y. ) 417; Sitler v. Walker, Freem. Ch. 77. 2. The disputed question in this case is whether the claim of War- ren is a partnership demand. There can be no question that it was a partnership debt, so long as it rema...ined unpaid to Fitts & Co. ; and they could have claimed and asserted all the rights against the part- nership and its effects which the law accords to partnership creditors. The bill was executed in the firm name, with the knowledge and con- sent of both partners; and this bound the firm. Even if the firm name had been signed by one, without authority from the other, the bill was made to be used, and was used in borrowing money; and there is no evidence that Fitts & Co. Knew the use to which the money was to be applied.

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