Johnson, Clark Co. v. . Bernheim
Supreme Court of North Carolina
Partnership — General and Speeial. Civil ACTION tried at Fall Term, 1876, of Cabaskus Superior Court, before Schenek, J. ■ The action was brought by the plaintiffs against the defendant as one of the firm of Bernheim & Waring, for goods sold and delivered to Waring, the other member of the firm.
Read the full summary
Partnership — General and Speeial. Civil ACTION tried at Fall Term, 1876, of Cabaskus Superior Court, before Schenek, J. ■ The action was brought by the plaintiffs against the defendant as one of the firm of Bernheim & Waring, for goods sold and delivered to Waring, the other member of the firm. The points raised and decided in this Court upon the facts in the case and the objections to the charge of Iiis Honor in the Court below, are so fully stated in the opinion delivered by Mr. -Justice Reade, as to render any further statement unnecessary. Verdict for defendant. Judgment. Appeal by…
1Opinion of the CourtReade, J.
A & B are.general par’tnei’s to do some given business ; the partnership is. by operation-of law, a power to each to bind the partnership in any manner legitimate to the business. If one partner go to a third person to buy an article on time for the partnership, the other partner cannot prevent it by writing to the third person hot to sell to him on time ; or if one part}7 attempt to buy for cash, the other has no right to require that it shall be on time. And what is true in regard to buying, is true in regard to selling. What either partner does with a third person is binding on the…
2Cited by4 opinions
- Estis v. . JacksonSupreme Court of North Carolina · 1892
- Bank of Bellbuckle v. MasonTennessee Supreme Court · 1917
- Sladen, Fakes & Co. v. LanceSupreme Court of North Carolina · 1909
- National Biscuit Company v. StroudSupreme Court of North Carolina · 1959