Lowenstein v. Flauraud

It is well settled, in this state that one copartner cannot, by virtue- of his power as such partner, make an assignment of the copartnership effects to a trustee for the benefit of the creditors of- the firm ( Welles agt. March, 30 N. Y., 344; Robinson agt. Gregory, cited in, opinion of Wright, J., in Welles agt. March); but one copartner can make such an assignment with the authority of the other partner or partners, and such authority may be implied from circumstances, or acts of the partner or partners not joining in the execution of the assignment. In Welles agt. March, one of the…