Legal Opinion

London, Paris, & Am. Bank, Ltd. v. Smith

California Supreme Court

Decided February 27, 1894No. 15363PublishedCited by 14 opinions

Appeal from a judgment of the Superior Court of San Mateo County, and from an order denying a new trial. The facts are stated in the opinion. The debts, liabilities, and obligations of a partnership are joint, and not joint and several. (Civ. Code, sec. 2442; Northern Ins. Go. v. Potter, 63 Cal. 157; Gray v. Palmer, 9 Cal. 616; 17 Am. & Eng.

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Appeal from a judgment of the Superior Court of San Mateo County, and from an order denying a new trial. The facts are stated in the opinion. The debts, liabilities, and obligations of a partnership are joint, and not joint and several. (Civ. Code, sec. 2442; Northern Ins. Go. v. Potter, 63 Cal. 157; Gray v. Palmer, 9 Cal. 616; 17 Am. & Eng. Ency. of Law, 1176; 1 Woerner’s Law of Administration, 287; Lindley on Partnership, sec. 597, note; Leake v. Lawrence, 11 Paige, 80; 2 Den. 577.) Upon the death of a partner, the surviving partners, and ultimately the last survivor, or his…

1Opinion of the Court

Haynes, C.—

The complaint alleges in substance that on the twenty-fourth day of August, 1885, Andrew Smith applied to the London, Paris, and American Bank, limited, to extend a credit accommodation to the firm of Harrington, and Smith, a copartnership which then, and until the death of Andrew Smith in January, *4171892, existed and carried on business at Seattle, in the present state of Washington, and to secure the same executed to the plaintiff, David Calm, a deed conveying to him. certain lands situate in the county of San Mateo, in this state, and at the same time, and as part of said…

2Cases cited6 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Bull v. CoeCalifornia Supreme Court · 1888
  3. West v. RandallU.S. Circuit Court for the District of Rhode Island · 1820
  4. Cassidy v. ShimminMassachusetts Supreme Judicial Court · 1877
  5. Milligan, Administrator of Milligan v. Milledge & Wife.Supreme Court of the United States · 1805

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Bank of California v. Superior CourtCalifornia Supreme Court · 1940
  2. Westphal v. WestphalCalifornia Court of Appeal · 1943
  3. Pierce v. MerrillCalifornia Supreme Court · 1900
  4. Adams v. WallaceCalifornia Supreme Court · 1897
  5. Duerr v. SloanCalifornia Court of Appeal · 1920

9 more not listed; retrieve them via the Exa API.

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