Noble v. M'Clintock
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Washington M’Clintock and Robert Thompson, partners under the firm of W. M’Clintock & Co., against Lewis Noble and George A. Bayard, partners under the firm of Lewis Noble & Co. This was an action of assumpsit for goods sold and delivered, in which the question was as to the liability of the defendants, and not as to the amount of the plaintiffs’ claim. David Noble sworn.
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ERROR to the District Court of Allegheny county. Washington M’Clintock and Robert Thompson, partners under the firm of W. M’Clintock & Co., against Lewis Noble and George A. Bayard, partners under the firm of Lewis Noble & Co. This was an action of assumpsit for goods sold and delivered, in which the question was as to the liability of the defendants, and not as to the amount of the plaintiffs’ claim. David Noble sworn. I was a partner in the firm of W.* M’Clintock & Co. It commenced in 1837, 28th March or 1st of April. It terminated 1st July 1839. I went to the store with Jamison, the clerk…
1Opinion of the Court
*155The opinion of the Court was delivered by
Rogers, J.
A partner has no power to bind the firm for his own private debts, without the assent of his co-partners; and whether there was a consent, and to what extent, is the principal matter in controversy. If the conversation which took place between David Noble, and his partner, M’Clintock, had been communicated to Noble & Co., or what is the same thing, to their agent, Jami-son, there could be no objection to that part of the charge which states “ that the defendants’ own testimony shows that $600 was the amount for which the firm of M’Clintock &…
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