Raywinkle v. Southern Coal Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. The Southern Coal Company, a corporation doing business at Memphis, Tenn., sued C. C. Edwards, H. E. Watson, J. M. Devlin, T. E. Devlin and W. D. Raywinkle to recover $358.37, for three cars of coal sold by plaintiff to Kensett Ice and Gin Company, a partnership alleged to be composed of the defendants as members.
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Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. The Southern Coal Company, a corporation doing business at Memphis, Tenn., sued C. C. Edwards, H. E. Watson, J. M. Devlin, T. E. Devlin and W. D. Raywinkle to recover $358.37, for three cars of coal sold by plaintiff to Kensett Ice and Gin Company, a partnership alleged to be composed of the defendants as members. H. E. Watson, C. C. Edwards, J. M. Devlin and T. E. Devlin failed to answer and judgment by default was rendered against them. W. D. Raywinkle filed an answer denying that he was a member of the firm or…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Gaar v. Huggins & Bro., 12 Bush. (Ky.) 259, the court said:
“A retiring partner is not required to give notice so as to relieve himself from liability to those who for the first time deal with the firm after the dissolution takes place, unless he permits his name to be used in the transaction’ of the business, or so conducts himself with reference to the firm transactions as to induce the belief in those'dealing with the firm that he is still a member.”
To the same effect see: Austin v. Appling, 88 Ga. 54; Puritan Trust Co. v. Coffey, (Mass.)…
2Cases cited5 opinions
- Austin v. ApplingSupreme Court of Georgia · 1891
- Swigert v. AspdenSupreme Court of Minnesota · 1893
- Bluff City Lumber Co. v. Bank of ClarksvilleSupreme Court of Arkansas · 1910
- O'Brien v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Puritan Trust Co. v. CoffeyMassachusetts Supreme Judicial Court · 1902
3Cited by1 opinion
- Burks v. CookSupreme Court of Arkansas · 1955