Simmons v. Curtis
Supreme Judicial Court of Maine
On Report from Nisi Prius, May, J., presiding. Assumpsit on a note payable to plaintiffs or order, on demand, with interest. Samuel S. Curtis, Oscar H. Sampson and Joseph Curtis, doing business under the firm name of Curtis, Sampson & Co., were admitted, on petition as subsequent attaching creditors, to defend this suit. After the evidence was in, the case was withdrawn from the jury, and referred to the full Court on report.
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On Report from Nisi Prius, May, J., presiding. Assumpsit on a note payable to plaintiffs or order, on demand, with interest. Samuel S. Curtis, Oscar H. Sampson and Joseph Curtis, doing business under the firm name of Curtis, Sampson & Co., were admitted, on petition as subsequent attaching creditors, to defend this suit. After the evidence was in, the case was withdrawn from the jury, and referred to the full Court on report. The points in issue will fully appear in the opinion of the Court. The instrument, intended as an assignment, is utterly void. By the statute of 1844, c. 112, § 1, all…
1Opinion of the CourtMay, J.
Notwithstanding a co-partnership after its dissolution may be regarded as subsisting in a qualified sense, for the settlement of its affairs, still, it seems to be well settled, that one partner, after its dissolution, has no power to make new contracts or to create new liabilities to bind the firm, without some special authority so to do. Such authority may be inferred from all the circumstances in the case, but without it he cannot give a co-partnership note in payment of a co-partnership debt. Milliken v. Loring, 37 Maine, 408; Sanford v. Michels, 4 Johns. 224; Perrin & al. v. Keen & al.…
2Cases cited1 opinion
- Sanford v. MicklesNew York Supreme Court · 1809
3Cited by6 opinions
- Blake v. FaulknerIndiana Supreme Court · 1862
- Wells v. EllisCalifornia Supreme Court · 1885
- Johnson v. BruzekSupreme Court of Minnesota · 1919
- Bartlett v. Meyer-Schmidt Grocer Co.Supreme Court of Arkansas · 1898
- Derry Bank v. DavisSupreme Court of New Hampshire · 1860
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