Pollock v. Jones
Court of Appeals for the Fourth Circuit
Appeal from the District Court of. the United States for the District of South Carolina, in Bankruptcy. This case comes up on appeal from the District Court of the United States for the district of South Carolina, sitting in bankruptcy. J. D. Jones and J. W. Duff were copartners in a general business of merchandising at Blacks-burg, S. C., under the firm name of Jones & Duff.
Read the full summary
Appeal from the District Court of. the United States for the District of South Carolina, in Bankruptcy. This case comes up on appeal from the District Court of the United States for the district of South Carolina, sitting in bankruptcy. J. D. Jones and J. W. Duff were copartners in a general business of merchandising at Blacks-burg, S. C., under the firm name of Jones & Duff. Jones, the senior partner, lived at Gaffney’s, some distance from Blacksburg, and the active management of the business was in the hands of Duff, a resident of Blacksburg. Jones visited Blacksburg from time to time, and…
1Opinion of the CourtSimonton, Circuit Judge
(after stating the facts as above). There can be no doubt that under the law of South Carolina a sealed note given by one member of a firm creates no obligation against the firm, unless the partner so signing and sealing has authority from his copartner at the time to do the act, or unless when the act is brought to the knowledge of the other partner he acknowledges it or ratifies and confirms it. The evidence in this case shows that Jones never *166knew of the execution of the note or of mortgage until after the death of Duff, and that he never acknowledged, assented to, or ratified it, although…
2Cases cited7 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Furrer v. FerrisSupreme Court of the United States · 1892
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Fisher v. ShropshireSupreme Court of the United States · 1893
- McNair v. McIntyreCourt of Appeals for the Fourth Circuit · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- Grandison v. National Bank of CommerceCourt of Appeals for the Second Circuit · 1916
- In re Great Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1907
- Morgan v. First Nat. Bank of ManningtonCourt of Appeals for the Fourth Circuit · 1906
- C.A. Swanson & Sons Poultry Company v. William A. Wylie, Trustee in Bankruptcy for the Manuel Delatorre D/B/A R & M Egg Farms, BankruptCourt of Appeals for the Ninth Circuit · 1956
19 more not listed; retrieve them via the Exa API.