Ellison v. . Sexton
Supreme Court of North Carolina
Civil actiox, tiled before Graves, J., at February Term, 1890, of the Superior Court of Wake County. On the trial, it was “admitted that the defendants A. N. Sexton and J. A. Sexton were partners, doing a general grocery business in Raleigh,” under the name and style of A. N. Sexton & Co.; that they did business during the year 1883 and part of the year 1884; the partnership was dissolved about May of the latter year.
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Civil actiox, tiled before Graves, J., at February Term, 1890, of the Superior Court of Wake County. On the trial, it was “admitted that the defendants A. N. Sexton and J. A. Sexton were partners, doing a general grocery business in Raleigh,” under the name and style of A. N. Sexton & Co.; that they did business during the year 1883 and part of the year 1884; the partnership was dissolved about May of the latter year. The bu.-iness was continued by the defendant A. N. Sexton under the firm name, until his f.ilure, a year or two afterwards. The evidence tended to prove that the firm was well…
1Opinion of the CourtMekrimon, C. J.
after stating the facts: Evidence wras produced on the trial to prove that the plaintiffs had knowledge of the business partnership of A. N. Sexton & Co., and that the defendant J. A. Sexton was the solvent member thereof before its dissolution in May, 1884. In the absence of knowledge or notice of such dissolution and the retirement of J. A. Sexton from the firm and its business, and as the other partner continued the business under the firm name, the plaintiffs might reasonably, and they had the right to, infer that the firm continued to exist, and that the retiring member of it was still a…
2Cited by8 opinions
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- Virginia-Carolina Joint Stock Land Bank v. LilesSupreme Court of North Carolina · 1929
- Askew v. SilmanSupreme Court of Georgia · 1895
- Straus, Gunst & Co. v. T. O. Sparrow & Co.Supreme Court of North Carolina · 1908
- Thompson v. HarmonCourt of Appeals of Texas · 1912
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