McLemore v. Rankin Mfg. Co.
Mississippi Supreme Court
FROM the circuit court of Clay county. HoN. C. H. Campberr, Judge. This was an action of assumpsit by the appellee against T. D. Robertson & Co., a mercantile firm, alleged by plaintiff to be com- ■ posed of T. D. Robertson, S. B. Robertson, and apppellant, W. T. McLemore.
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FROM the circuit court of Clay county. HoN. C. H. Campberr, Judge. This was an action of assumpsit by the appellee against T. D. Robertson & Co., a mercantile firm, alleged by plaintiff to be com- ■ posed of T. D. Robertson, S. B. Robertson, and apppellant, W. T. McLemore. The latter filed a special plea denying the partnership, and averring that at the time the debt to plaintiff was contracted he was not a member of the firm or in any way liable for its debts. • The evidence upon this issue was that T. D. Robertson and W. T. McLemore formed a partnership in 1888, under the style of T. D.…
1Opinion of the CourtCampbell, J.
As there was no dispute as to the fact that McLemore was in the early part of 1889 a member of the firm of Robertson & Co., and that no notice of any sort had been given of his withdrawal, but it had been designedly kept secret, the court was justified in *198its direction to the jury to find for the plaintiff, for having been a member of the firm and not having published in any way his withdrawal from it, he remained liable as a member to all dealing with it who may have been induced to do so by his supposed connection with it. Polk v. Oliver, 56 Miss. 566. The only difference between that case…
2Cases cited1 opinion
- Polk v. Oliver, Finnie & Co.Mississippi Supreme Court · 1879
3Cited by1 opinion
- Fowler Commission Co. v. Gray & KeenerLouisiana Court of Appeal · 1931