Legal Opinion

Gowan v. Gowan

Court of Appeals of Kentucky

Decided April 15, 1874Published

APPEAL FROM SHELBY CIRCUIT COURT. RESPONSE TO PETITION FOR REHEARING.

1Opinion of the Court

OPINION by

Judge Peters :

Each partner has an implied authority to dispose of the property and effects of the firm within the scope of the purpose for which the partnership was formed; and if one partner take's the money of the firm, without the consent of the other, and pays his individual debt with it, and the party to whom he paid it knew that the money thus paid was the money of the firm, the partner whose rights have been violated may have his remedy against the third party to whom the money is paid. But to entitle him to that remedy, the party receiving the money must, at the time he…

2Cases cited1 opinion

  1. Daniel v. DanielCourt of Appeals of Kentucky · 1848

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