Moale v. Hollins
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of Hssumpsit, commenced on the 14th November 1836, by the appellant against the appellee. The plaintiff declared for goods sold, &c., upon the money countsj and upon an insimul computasset.
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Appeal from Baltimore County Court. This was an action of Hssumpsit, commenced on the 14th November 1836, by the appellant against the appellee. The plaintiff declared for goods sold, &c., upon the money countsj and upon an insimul computasset. The defendant pleaded non-assumpsit, on which plea issue was joined, The case was submitted to the county court upon the fob lowing statement of facts: It is admitted in this cause that Robert S. Hollins and John 8. Hollins the defendant, were partners in the business of manufacturers of cotton goods, and that they carried on their said business in the…
1Opinion of the CourtDorsey, J.
There does not, in this case, arise any question, whether the contract, for the enforcement of which this action was instituted, was in its inception binding upon both the partners, it being explicitly admitted in the case stated, that the purchase was made for the business purposes “of the partnership, and that the article purchased was so applied.” It is unnecessary for us therefore to examine the numerous authorities, which have been cited to show, that in a suit against a firm, where' one of the defendants is a dormant partner, and the business has been transacted solely, in the name of…
2Cases cited2 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Smith v. BlackSupreme Court of Pennsylvania · 1822
3Cited by1 opinion
- Thomas v. MohlerCourt of Appeals of Maryland · 1866