Legal Opinion

Ach & Co. v. Barnes & Co.

Court of Appeals of Kentucky

Decided November 1, 1899PublishedCited by 3 opinions

Case 39 — ACTION ON ACCOUNT APPEAL FROM CRITTENDEN CIRCUIT COURT. Whether or not, where partners who have been accustomed to deal with a wholesale firm, continue to do so after the withdrawal of one of the partners, the retiring member is liable- to them upon an .account for goods sold to the firm after her withdrawal .in the absence of actual notice to the wholesale firm that she had withdrawn; or would notice of t'he dissolution, if any given by the retail firm .to the…

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Case 39 — ACTION ON ACCOUNT APPEAL FROM CRITTENDEN CIRCUIT COURT. Whether or not, where partners who have been accustomed to deal with a wholesale firm, continue to do so after the withdrawal of one of the partners, the retiring member is liable- to them upon an .account for goods sold to the firm after her withdrawal .in the absence of actual notice to the wholesale firm that she had withdrawn; or would notice of t'he dissolution, if any given by the retail firm .to the traveling salesman of the wholesale firm, be actual notice to ‘the firm itself? 5 Ky. Law Rep., 326; 10 Ky. Law Rep., 570;…

1Opinion of the Court

JUDGE BURNAM

delivered the opinion op ti-ie court.

This action was instituted by appellants to recover upon an account for goods and merchandise sold and delivered to M. L. Barnes & Co, which firm, it is alleged consisted of appellee M. L. Hibbs (nee M. L. Barnes) and her daughter, Nina Barnes.

Mrs. Barnes, answering for herself, admits that a co-partnership had existed between herself and daughter under the firm name of M. L. Barnes & Co., but says that the partnership had been dissolved before the account sued for was created; and further alleges that plaintiff’s traveling agent and salesman,…

2Cases cited3 opinions

  1. Fowler v. HalbertCourt of Appeals of Kentucky · 1815
  2. Mitchum v. Bank of KentuckyCourt of Appeals of Kentucky · 1839
  3. Gaar v. HugginsCourt of Appeals of Kentucky · 1876

3Cited by3 opinions

  1. Franklin Buggy Co. v. CarterCourt of Appeals of Georgia · 1918
  2. Anderson, Clayton & Co. v. SwallowsNew Mexico Supreme Court · 1973
  3. Miller v. PfeifferIndiana Supreme Court · 1907

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