Tischler v. Kurtz Bros.
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval •county. statement. The proceeding here is by distress warrant, sued out by the plaintiff in error against defendants in error in the Circuit Court for Duval county. The affidavit avers that Philip Kurtz and Benjamin.
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Writ of Error to the Circuit Court for Duval •county. statement. The proceeding here is by distress warrant, sued out by the plaintiff in error against defendants in error in the Circuit Court for Duval county. The affidavit avers that Philip Kurtz and Benjamin. Kurtz, partners, doing business as Kurtz Brothers, 'were indebted to affiant in the sum of live hundred dollars as rent for the use of certain described premises in the city of Jacksonville, Duval county, Florida, from the 15th day of August, 1888, to the 15th day of January, 1889. A distress warrant was issued and levied on personal…
1Opinion of the Court
Mabry, C. J.:
The general rule is, that one partner has no implied power to bind the firm by an instrument under seal. This court said in Jeffreys vs. Coleman, 20 Fla. 536,. that ‘‘the doctrine of the English common law was that *328a bond signed by one partner in the course of partner ship business, without an authority under seal, binds only the partner who signs and seals it, although it is signed and sealed in the name of the firm. The old authorities assert that no prior authority or subsequent ratification, either verbal or by writing without seal, is sufficient to give validity to the…
2Cases cited8 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Allen v. JaquishNew York Supreme Court · 1839
- Hume Bros. v. MossIllinois Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bacon v. GreenSupreme Court of Florida · 1895
- Horne v. J. C. Turner Cypress Lumber Co.Supreme Court of Florida · 1908
- Frates v. NicholsDistrict Court of Appeal of Florida · 1964
- Moses v. WoodwardSupreme Court of Florida · 1932
- Buhler v. Travelers Indemnity Co.District Court of Appeal of Florida · 1965
4 more not listed; retrieve them via the Exa API.