Legal Opinion

Corbett v. Cannon

Supreme Court of Kansas

Decided June 6, 1896No. 8846PublishedCited by 3 opinions

Error from Sedgwick District Court. Son. C. Beed, Judge. STATEMENT BY THE COURT. On the 25th day of November, 1891, F. Cannon and H. Kemper, partners under the name of F. Cannon & Co., brought suit in the district court of Sedgwick county against W. J. Corner and H. R. Farnum, partners as Corner & Farnum, to recover the sum of $1,116 for goods sold and delivered.

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Error from Sedgwick District Court. Son. C. Beed, Judge. STATEMENT BY THE COURT. On the 25th day of November, 1891, F. Cannon and H. Kemper, partners under the name of F. Cannon & Co., brought suit in the district court of Sedgwick county against W. J. Corner and H. R. Farnum, partners as Corner & Farnum, to recover the sum of $1,116 for goods sold and delivered. At the same time an affidavit was filed for the purpose of having the Wichita National Bank and W. M. Levy summoned as garnishees. The bank, by Levy as its president, answered, denying that it held any property of or was indebted to…

1Opinion of the Court

The opinion of the court was delivered by

Allen, J. :

There is an elaborate discussion in the briefs of the question whether the firm of Corner & Farnum was a general or special partnership, and, if a special partnership, whether Corner and Farnum alone, as the general partners, had authority to execute an assignment of all the property of the firm for the benefit of their creditors. A further'question is presented, however, which we deem decisive of the case, and which renders a consideration of other questions unnecessary. The business of the firm was carried on at Wichita by Corner and…

2Cases cited5 opinions

  1. Rumery v. McCullochWisconsin Supreme Court · 1882
  2. Farwell v. WebsterWisconsin Supreme Court · 1888
  3. Hooper v. . BaillieNew York Court of Appeals · 1890
  4. Williams v. FrostSupreme Court of Minnesota · 1880
  5. Adee v. . CornellNew York Court of Appeals · 1883

3Cited by3 opinions

  1. Campbell-Leonard Realtors v. El Matador Apartment Co.Supreme Court of Kansas · 1976
  2. Ottenberg v. CornerCourt of Appeals for the Eighth Circuit · 1896
  3. Cox v. Swofford Bros. Dry Goods Co.Court Of Appeals Of Indian Territory · 1898

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