Baxter v. . Clark
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Wake County, at Fall Term, 1843, his Honor Judge Bailey presiding. This was an action of assumpsit to recover the value of certain castings and machinery for an oil mill, in which one Mead and the defendant Clark were partners. Plea, non-as-sumpsit.
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Appeal from the Superior Court of Law of Wake County, at Fall Term, 1843, his Honor Judge Bailey presiding. This was an action of assumpsit to recover the value of certain castings and machinery for an oil mill, in which one Mead and the defendant Clark were partners. Plea, non-as-sumpsit. It was proved that a partnership existed between Clark and Mead for carrying on an oil mill for their joint beaU(^ the articles for which this suit was brought were applied to the uses of that concern. It was agreed between these partners, at the formation of the firm, that each one was to be individually…
1Opinion of the CourtDaniel, J.
It is a general rule in law, that partners are all liable for articles purchased for the benefit of the parnership, though the vendor did not know of the existence of the parnership, and supposed himself dealing with an individual partner^ to whom he gave credit by charging him alone in his books. And, if a special contract should be made by the vendor and such partner, the partnership would not be discharged from liability, unless it appeared that the vendor had taken such individual partner for his debtor, knowing that there were other partners Reynolds v Cleveland, 4 Cowen 282. But the…
2Cases cited1 opinion
- Ensign v. WandsNew York Supreme Court · 1799
3Cited by2 opinions
- Sladen, Fakes & Co. v. LanceSupreme Court of North Carolina · 1909
- First National Bank of Antigo v. LarsenWisconsin Supreme Court · 1911