Dean & Co. v. Collins
North Dakota Supreme Court
Appeal from District Court, Towner county; Cowan, J. Action by Dean & Co. against D. B. Collins. Judgment for plaintiff. Defendant appeals. . Where a partnership is dissolved and one partner assumes the firm’s debts, the retiring partner is a surety as to all its creditors who are cognizant of the agreement. Millard v. Thorne, 56 N. Y. 402; Colgrove v. Tallmann, 67 N. Y. 95, 23 Am. Rep. 90; Smith v. Sheldon, 24 Am.
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Appeal from District Court, Towner county; Cowan, J. Action by Dean & Co. against D. B. Collins. Judgment for plaintiff. Defendant appeals. . Where a partnership is dissolved and one partner assumes the firm’s debts, the retiring partner is a surety as to all its creditors who are cognizant of the agreement. Millard v. Thorne, 56 N. Y. 402; Colgrove v. Tallmann, 67 N. Y. 95, 23 Am. Rep. 90; Smith v. Sheldon, 24 Am. Rep. 529; Brandt on Suretyship (2d Ed.) section 36; Stearns on Suretyship, 24; Baylies on Surety-ship, 481; Shumaker on Partnership, 341, 342. Mere neglect to sue or make active…
1Opinion of the CourtYoung, J.
This action was brought to recover a balance of $1,914.72 upon two promissory notes, executed by the defendants in 1901 ana due, respectively, on November 1st and November 15th of that year. When the notes were given, and for two years prior thereto, the defendant, D. B. Collins, and J. A. Mahood, were engaged in the farm machinery business as a copartnership under the firm name of Collins & Mahood. The notes were given by the copartnership for goods purchased from the plaintiff. Mahood did not answer. Collins attempted to avoid personal liability by alleging and offering to prove certain…
2Cases cited13 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Shepherd v. MaySupreme Court of the United States · 1885
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Smith v. SheldenMichigan Supreme Court · 1876
- A. F. Shapleigh Hardware Co. v. Wells & ChestnuttTexas Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sheppard v. BridgesSupreme Court of Georgia · 1912
- Wilson v. J. W. Crowdus Drug Co.Texas Commission of Appeals · 1920
- Lindley v. SewardIndiana Court of Appeals · 1937
- Faricy v. J. S. Brown Mercantile Co.Supreme Court of Colorado · 1930
- Hauge v. ByeNorth Dakota Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.