Persons v. Oldfield
Mississippi Supreme Court
Appeal from the chancery court of Hinds county. Hon. G. G. Lyell, Chancellor. Suit by John F. Oldfield against J. W. Persons. From a decree for complainant, defendant appeals.
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Appeal from the chancery court of Hinds county. Hon. G. G. Lyell, Chancellor. Suit by John F. Oldfield against J. W. Persons. From a decree for complainant, defendant appeals. The appellant, who is a resident of Jackson, Hinds county, Miss., was engaged as a partner in the lumber business with Charles C. Ruggles; the domicile of the partnership being at Mobile, Ala., and the style of the firm being Charles C. Ruggles & Co. Oldfield, a resident of Baltimore, Md., having an Order from Adams Bros., a firm in Rankin county, Miss., for certain material, amounting to five hundred dollars, was…
1Opinion of the CourtMcLean, J.
The authority of one partner to bind his copartner is placed solely upon the ground of agency, and hence one can bind the other only within the scope of the agency. A partnership is organized to conduct the business for the benefit of its members, and it is foreign to its business to become surety for the members of the firm (unless this is the business in which the firm is engaged), or responsible for the debts of the individual *116members of tbe firm. This is elementary. It is doubtless true that, when tbe firm’s name is found upon commercial paper, prima facie tbe firm is bound. Faler v.…
2Cases cited4 opinions
- Faler v. JordanMississippi Supreme Court · 1870
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Bloom v. HelmMississippi Supreme Court · 1876
- Pickels v. McPhersonMississippi Supreme Court · 1881
3Cited by2 opinions
- Idom v. Weeks & RussellMississippi Supreme Court · 1924
- Woodruff v. LillisMississippi Supreme Court · 1935