Legal Opinion · Dissent
Macaulay v. Schurmann
Hawaii Supreme Court
Decided May 29, 1914Published
Error to Circuit Court, First Circuit.
1Dissent
DISSENTING OPINION OF
QUARLES, J.
Being unable to agree with tbe reasoning and conclusion of my associates, it is my duty to set forth the reasons which prevent me from so doing. The majority opinion is based upon the idea that one of two joint obligors is the agent of the other for the purpose of all things connected with the obligation common to both, and may, expressly or impliedly make a new contract binding both, renewing or continuing the old obligation; that part payment of one, even though made without the knowledge, consent, or express authorization of the other, is an acknowledgment…
2Cases cited18 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Wetzell v. BussardSupreme Court of the United States · 1826
- In re DoleHawaii Supreme Court · 1903
- Shepherd v. ThompsonSupreme Court of the United States · 1887
- Moore v. President of the Bank of ColumbiaSupreme Court of the United States · 1832
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