Elliott v. Flynn Bros.

(dissenting) :

On September 30, 1931, Flynn Bros., a partnership composed of J. W. Flynn and Claud Flynn, gave to Peoples State Bank, located at Greenville, in this State, a promissory note for $3,000.00,. which became due and payable ninety days after date.- The note was signed “Flynn Brothers, by J. W. Flynn, partner.” On December 13, 1931, Claud Flynn died intestate, at which time J. W. Flynn owned two-thirds of the partnership and Claud Flynn one-third. Claud Flynn was inactive and took no part in the management of the business, J. W. Flynn being in entire control thereof.

Following the…