Ring Furniture Co. v. Bussell
Supreme Court of North Carolina
Civil actioN, tried before O. H. Allen, J., at September Term, 1915, of DURHAM. Two actions were brought before a justice of the peace, one to recover a balance of $50 due for goods sold by plaintiff to the defendant Southern Furniture Company on 19 August, 1913, and the other to recover $200, a balance due for goods sold by plaintiff to said company in November, 1913. The cases were consolidated in the Superior Court and tried together, defendant T. T. Frazier having…
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Civil actioN, tried before O. H. Allen, J., at September Term, 1915, of DURHAM. Two actions were brought before a justice of the peace, one to recover a balance of $50 due for goods sold by plaintiff to the defendant Southern Furniture Company on 19 August, 1913, and the other to recover $200, a balance due for goods sold by plaintiff to said company in November, 1913. The cases were consolidated in the Superior Court and tried together, defendant T. T. Frazier having appealed from the judgments of the justice to that court. The jury returned the following verdict: 1. Was the partnership…
1Opinion of the Court
"Waleer, J.,
after stating the case: It may be conceded that an outgoing member of a firm should take his name out with him, for if he leaves it behind he will be considered as still holding himself out as a partner, whatever may be his real relation to the firm, unless he gives notice of his withdrawal to those who dealt with the firm or were its customers while he was-a partner. Straus v. Sparrow, 148 N. C., 309; George on Partnership, 261 and 407.
The question for our consideration is whether the notice to A. H. Holland, the travelingj-salesman, .wm.sufficient in law to fix the plaintiff"…
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- The" Sunnyside"Supreme Court of the United States · 1876
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