Legal Opinion

Hefferlin v. Karlman

Montana Supreme Court

Decided November 16, 1903No. 1,678PublishedCited by 29 opinions

Appeal from District Court, Park County; Frank Henry, Judge. AotioN by John W. Hefferlin and others against G. W. Karl-man and another, copartners as Nariman & Jennings. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. Every general partner is the agent of the partnership, in the transaction, of its business, and has authority to do' whatever is necessary to carry on such business in the ordinary manner.

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Appeal from District Court, Park County; Frank Henry, Judge. AotioN by John W. Hefferlin and others against G. W. Karl-man and another, copartners as Nariman & Jennings. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. Every general partner is the agent of the partnership, in the transaction, of its business, and has authority to do' whatever is necessary to carry on such business in the ordinary manner. (Civil Code, Sec. 3231 et seq11 Am & Elng. Ehcy. of Law, 989, note 1.) He has no authority to do any act not within the scope of Section 3231, Civil…

1Opinion of the Court

MR. COMMISSIONER CALLAWAY

prepared the opinion for the court. - .

This is an appeal from a judgment entered against defendants upon the verdict of a jury, and from an order denying their motion for a new trial.

The complaint is in two counts, which we shall consider separately :

1. In the first' count plaintiffs allege themselves to be co-partners, and charge that a like relation exists between defendants. Then follows an allegation that between the 15th day of September, 1899, and the 21st day of December, 1899, the plaintiffs sold and delivered to the defendants, at their request, goods, wares…

Also in this document: Per curiam.

2Cases cited9 opinions

  1. Manville v. ParksSupreme Court of Colorado · 1883
  2. Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
  3. Moran v. AbbeyCalifornia Supreme Court · 1883
  4. Dowling v. Exchange Bank of BostonSupreme Court of the United States · 1892
  5. Conrad National Bank v. Great Northern Railway Co.Montana Supreme Court · 1900

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3Cited by29 opinions

  1. Stephens v. ConleyMontana Supreme Court · 1914
  2. Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
  3. Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
  4. Johnson v. ElliotMontana Supreme Court · 1950
  5. Blankenship v. DeckerMontana Supreme Court · 1906

24 more not listed; retrieve them via the Exa API.

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