Mode v. . Penland
Supreme Court of North Carolina
Partnership — Negligence— Torts— Variance. This was a civil ACTION, tried before Avery, Judge, and a jury, at Fall Term, 1885, of McDowell Superior Court.
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Partnership — Negligence— Torts— Variance. This was a civil ACTION, tried before Avery, Judge, and a jury, at Fall Term, 1885, of McDowell Superior Court. The substance of the complaint is, that the defendant was the owner of a stallion which he kept, and as a business, let to mares, for hire and reward; that in the month of October, 1883, in the course of his business, he, by his servant and agent, one Black-welder, let his stallion to the mare of the plaintiff; that Black-welder, as such agent and in the course of the business, so carelessly and negligently caused the stallion to serve the…
1Opinion of the CourtMerbimoN, J.
(after stating the facts). We think the Court ought to have received the evidence offered and rejected.
If it be granted that the evidence disclosed the existence of a partnership, as suggested by the Court, nevertheless, the defendant might be liable to the plaintiff for the negligence or tortious conduct of his partner acting in the course of the business of the partnership. Partners, as such, like individuals, are responsible for the negligence of their servants and agents in respect of the business of the agency, upon the maxim qmfaeit per alium,faoit peí ne, and when one of the partners…
2Cited by12 opinions
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- Johnson Ex Rel. Dickson v. GillSupreme Court of North Carolina · 1952
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