Viles v. Bangs
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. Action for the value of goods claimed to have been sold to the defendants and their order during the partnership of the plaintiff and one Simmons. Plaintiff alleged, that on September 11, s1871, the copartnership between him and said Simmons was dissolved, and that he had bought and owned said indebtedness, which was alleged to be $293.43 and interest.
Read the full summary
APPEAL from the Circuit Court for Eau Claire County. Action for the value of goods claimed to have been sold to the defendants and their order during the partnership of the plaintiff and one Simmons. Plaintiff alleged, that on September 11, s1871, the copartnership between him and said Simmons was dissolved, and that he had bought and owned said indebtedness, which was alleged to be $293.43 and interest. The answer set up a settlement of. the matters involved in the action, with the said Simmons, on February 16, 1871, and alleged as a defense and counterclaim, that the defendants, being the…
1Opinion of the CourtCole, J.
1. The doctrine is elementary, that one partner has no right to apply the partnership funds and effects in payment of his individual debt, without the assent, express or implied, of the other members of the firm. Story on Part., §§ 132 and 133; Parsons on Part., p. 210. To apply a debt due the copartnership, without such assent, in payment and discharge of a separate debt due from one of the partners, is a violation of duty on the part of the partner so misappropriating the partnership securities and effects. Dob v.. Halsey, 16 Johns., 34; Rogers v. Batchelor, 12 Peters, 221; Gram v. Cadwell,…
2Cases cited5 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Miller v. PriceWisconsin Supreme Court · 1865
- Daniel v. DanielCourt of Appeals of Kentucky · 1848
3Cited by12 opinions
- Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
- McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908
- Keith v. ArmstrongWisconsin Supreme Court · 1886
- Cotzhausen v. JuddWisconsin Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.