Doll v. Hennessy Mercantile Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Wm. Clancy, Judge. Action by George E. Doll against tbe Hennessy Mercantile Company. From a judgment for plaintiff and from an order denying it a new trial, defendant appeals. It is useless to discuss wbat tbe authority of one partner is or may have been at common law. The statute, if it means anything, is the absolute rule of law with reference to the matter.
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Appeal from District Court, Silver Bow County; Wm. Clancy, Judge. Action by George E. Doll against tbe Hennessy Mercantile Company. From a judgment for plaintiff and from an order denying it a new trial, defendant appeals. It is useless to discuss wbat tbe authority of one partner is or may have been at common law. The statute, if it means anything, is the absolute rule of law with reference to the matter. It supplants, according to the provision of the Code itself, the common-law doctrine. It renders one copartner as absolutely powerless to sell all, or that portion of the partners’ property…
1Opinion of the CourtChief Justice Brantly
Action in conversion by one of two copartners against a third person to whom the other copartner sold the copartnership property. The copartnership consisted first of four members, *85and then of two — the plaintiff and one Fleming — and was engaged in conducting a retail ice business in the city of Butte under the firm name of Consumers’ Pure Ice Company.
The complaint alleges, in substance, that on May 14, 1900, the firm was the owner and possessed of sixteen hundred tons of ice, of the value of $3,200, the same being its entire stock in trade, upon which it carried on its business, and from…
2Cases cited6 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Walsh v. AdamsNew York Supreme Court · 1846
- Sindelare v. WalkerIllinois Supreme Court · 1891
- Carrie v. Cloverdale Banking & Commercial Co.California Supreme Court · 1891
- McMahon v. ThorntonMontana Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gardiner v. Eclipse Grocery Co.Montana Supreme Court · 1925
- Cowan v. TrembleCalifornia Court of Appeal · 1931
- Boehme v. FitzgeraldMontana Supreme Court · 1911
- Riss & Co. v. FeldmanDistrict of Columbia Court of Appeals · 1951
- State v. YegenMontana Supreme Court · 1925
8 more not listed; retrieve them via the Exa API.