Powell v. Hopson

Merrick, O. J.

This suit, which was commenced by attachment, was brought after the death of R. W. Powell, by the surviving partner, Hopkins, in the name of the firm. He claims the right so to do under the following clause in the articles of partnership, viz:

" In case of the death of either partner during the commercial year, that is to say, between the 1st of September and the 1st of September of two consecutive years, the business of the concern shall continue until the close of the then commercial year, and the interest of the deceased partner shall be chargeable on the books of the concern…