Clarke v. Hogeman
West Virginia Supreme Court
' Appeal from, and supersedeas to, a decree of the circuit court of Kanawha county, rendered on the 1st day of December, 1876, in a canse in chancery in said court then pending, in which William S. Clarke was plaintiff’' and William H. Hogeman was defendant, allowed on the petition of said Clarke. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.
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' Appeal from, and supersedeas to, a decree of the circuit court of Kanawha county, rendered on the 1st day of December, 1876, in a canse in chancery in said court then pending, in which William S. Clarke was plaintiff’' and William H. Hogeman was defendant, allowed on the petition of said Clarke. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. JohnsoN, Judge, furnishes the following statement of the case : At a circuit court, held for Kanawha county, on the 24th day of November, 1875, in the chancery case of Hyman, Moses Co. v. Allen M. Smith et…
1Opinion of the Court
Johnson. Judge,
delivered the opinion of the Court:
Syllabus 1, The first question presented is : Could one member of the firm assign the claim, without the consent of the other? In the absence of any express stipulation to the contrary, each partner possesses aii equal and general power and authority, in behalf of the firm to transfer, pledge, exchange, apply or otherwise dispose of the partnership property and effects, for any and all purposes, within the scope and objects of the partnership, and in the course of its trade and business. Story on Part. § 101 and cases cited. This must be so…
2Cases cited3 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Wallop's adm'r v. ScarburghSupreme Court of Virginia · 1848
- State ex rel. Board of Commissioners v. HerodIndiana Supreme Court · 1843
3Cited by30 opinions
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Scraggs v. HillWest Virginia Supreme Court · 1893
- Tingle Adm'r v. FisherWest Virginia Supreme Court · 1882
- Garber v. BlatchleyWest Virginia Supreme Court · 1902
- Woodyard v. PoisleyWest Virginia Supreme Court · 1878
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