Dougal v. Cowles
Supreme Court of Connecticut
a new tila!. MOTION' lb an action of assumpsit on a bill of exchange, This was brought against the defendants, as co-partners, under the name and firm of Cowles, Smith and company. The bill was drawn in favour of the plaintiff, upon the company, by Smith, in his own name. The declaration contained three counts. The first count was as follows, viz.
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a new tila!. MOTION' lb an action of assumpsit on a bill of exchange, This was brought against the defendants, as co-partners, under the name and firm of Cowles, Smith and company. The bill was drawn in favour of the plaintiff, upon the company, by Smith, in his own name. The declaration contained three counts. The first count was as follows, viz. “ That the defendants now are, and for more than three years last past, have been, merchants in company, and connected and jointly concerned in business of every description ; and that whatsoever business is done by either of the defendants, under…
1Opinion of the CourtBaldwin, J.
This case presents two questions :
1. Whether, the facts being found, the defendants are liable upon the bill ? If not,
2. W hether, upon this declaration, the pla'udiif can recover the amount, as for goods sold and dchvcicd ■
I am of opinion, that the plaintiff is entitled to recover on both grounds , and that the declaration, and the charge, will meet the demand in either shape.
When a co-partnership exists, and a purchase is made, by one partner, in the usual course of business, for the use of the concern, the company are, unquestionably, liable for the debt, whether named in the contract or…
2Cited by4 opinions
- Murray v. GouverneurNew York Supreme Court · 1800
- Raymond v. MannTexas Supreme Court · 1876
- Wadlington v. CovertMississippi Supreme Court · 1875
- Beers v. KnappDistrict Court, D. Connecticut · 1871