Kirby v. Ingersoll
Michigan Supreme Court
Appeal from the Court of Chancery. (Vide S. C. Harr. Ch. R. 172 — 193.) The bill was filed September 5, 1839, and states that Kirby, the complainant, and the defendant, Justus Ingersoll, on the 9th November, 1833, entered into copartnership in the business of tanners, curriers and dealers in leather; that no written articles of copartnership were executed, but, by the terms of the verbal agreement between them, the business was to be carried on at Detroit, under the name of…
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Appeal from the Court of Chancery. (Vide S. C. Harr. Ch. R. 172 — 193.) The bill was filed September 5, 1839, and states that Kirby, the complainant, and the defendant, Justus Ingersoll, on the 9th November, 1833, entered into copartnership in the business of tanners, curriers and dealers in leather; that no written articles of copartnership were executed, but, by the terms of the verbal agreement between them, the business was to be carried on at Detroit, under the name of Ingersoll & Kirby; that they were tobe equally interested in it, and to devote their time and skill to its management;…
1Opinion of the CourtFelch, J.
The partnership between Justus Ingersoll and Zebuloa Kirby was a limited one, being confined to the trade and business of tanners, curriers and dealers in leather, in the city of Detroit. The power of a partner in such firms, over the partnership property, is stated in general terms, in all the books, and would seem to be well settled. Within the scope of the partnership business, and for the purpose of carrying on that business, with a view to-the making of profit for the benefit of the firm, the power of disposing of the property or effects is undoubted. So, also, within the same legitimate…
2Cited by6 opinions
- Barry v. BriggsMichigan Supreme Court · 1871
- Perrin v. LepperMichigan Supreme Court · 1888
- Logan v. LoganSupreme Court of Florida · 1886
- Steinhart v. FyhrieMontana Supreme Court · 1885
- Engel v. BaileySupreme Judicial Court of Maine · 1889
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