Dickson & Mabry v. Alexander
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Tyrrell County, at the Fall Term, 1846, his Honor Judge Peakson presiding. The action is assumpsit for goods sold and delivered, and was tried on the general issue. The facts were, that the defendants, Thomas II.
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Appeal from the Superior Court of Law of Tyrrell County, at the Fall Term, 1846, his Honor Judge Peakson presiding. The action is assumpsit for goods sold and delivered, and was tried on the general issue. The facts were, that the defendants, Thomas II. Alexander, Joseph Alexander, and Abner Alexander, entered into partnership in a fishery in Tyrrell County; and, by the agreement, each of them was to furnish certain things, needful to the prosecution of the business, as parts of his stock therein. The plaintiffs were merchants in Virginia,.with whom the defendants had not before dealt, and…
1Opinion of the Court
- Ruffin, C. J.
The opinion of his Honor is sustained by the direct authority of Wharton v.. Woodburn, 4 Dev. and Bat. 507. It is there laid down, in conformity with settled principles, that if one of the partners purchase goods ostensibly for the firm, but in truth for himself, the firm is bound in the same manner as it would be, if the partner had borrowed money for the firm, and misapplied it. If it were not so, there would be no security in dealing with partnerships. How could these plaintiffs know, that Thomas H. Alexander, was breaking his contract with the other parties, and was not…
2Cited by1 opinion
- Wharton v. . WoodburnSupreme Court of North Carolina · 1838