North Star Boot & Shoe Co. v. Stebbins
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Charles' M. Thomas, Judge. This case was first decided by this court in an opinion filed May 28,1891, reported in 2 S. D. 74. In that opinion the judgment of the lower court was affirmed.
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Appeal from circuit court, Lawrence county. Hon. Charles' M. Thomas, Judge. This case was first decided by this court in an opinion filed May 28,1891, reported in 2 S. D. 74. In that opinion the judgment of the lower court was affirmed. This opinion is upon a rehearing, granted September 15, 1891, and reverses the judgment of the lower court and remands the case for a new trial. ' A partner, being the agent of the partnership and a principal so far as he personally is concerned, makes himself liable when he fails to bind the others. Parson, Part. 178; Bates, Part. §§ 379, 421; Silvers v.…
1Opinion of the CourtBennett, P. J.
This cause was originally heard at October term, 1890, and an opinion was rendered May 28, 1891, which is reported in 2 S. D. 74, 48 N. W. Rep. 833. A petition for a rehearing Was granted at the April term, 1892. The ground upon which the rehearing is based is: “If Fox, one of the partners, had no authority to bind the partnership could he escape individual liability under the facts as disclosed by the evidence?” An examination of the opinion shows that no consideration was given this proposition, although it was raised by the appellants. But the theory of the opinion rests, and the decision…
2Cases cited24 opinions
- Owen v. PhillipsIndiana Supreme Court · 1881
- Young v. GodbeSupreme Court of the United States · 1873
- Phœnix Mutual Life Insurance v. HinesleyIndiana Supreme Court · 1881
- Catlin v. . GunterNew York Court of Appeals · 1854
- Tyng v. . Commercial Warehouse Co.New York Court of Appeals · 1874
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3Cited by9 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Halloran v. HolmesNorth Dakota Supreme Court · 1904
- Rickel v. ShermanNorth Dakota Supreme Court · 1916
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1891
- Pace v. Continental Supply Co.Supreme Court of Oklahoma · 1926
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