B. Hunt & Co. v. Colorado Milling & Elevator Co.
Colorado Court of Appeals
Appeal from, County Court of Arapahoe County. Prior to the year 1888, and up to September 1st of that year, the appellants, Hunt and Dryden, were trading co-partners in the city of Denver. On that date the firm was dissolved by mutual consent. Prior to the dissolution the firm had done business with the Elevator Company, and had bought goods from two of their mills—the Crescent Flour Mills, and the Roller Mills.
Read the full summary
Appeal from, County Court of Arapahoe County. Prior to the year 1888, and up to September 1st of that year, the appellants, Hunt and Dryden, were trading co-partners in the city of Denver. On that date the firm was dissolved by mutual consent. Prior to the dissolution the firm had done business with the Elevator Company, and had bought goods from two of their mills—the Crescent Flour Mills, and the Roller Mills. It appeared that after the dissolution Hunt continued business at the old stand, and bought goods of the Elevator Company from the salesman who represented them. When they dissolved…
1Opinion of the CourtBissell, J.
The technical liability of the defendant, Dryden, for the value of the goods sold can only be determined by a proper solution of the inquiry, whether it is apparent that the Elevator Company had notice of the dissolution of the firm prior to the sale of the goods. The responsibility of the outgoing partner to those who have had prior dealings with his firm, for all debts that may be thereafter contracted by those with whom he was connected, is clearly settled, unless it be shown that those persons were actually notified of the dissolution. That which is ample to relieve him from all liability…
2Cases cited7 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Austin v. . HollandNew York Court of Appeals · 1877
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Young v. TibbittsWisconsin Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Moyle v. HockingColorado Court of Appeals · 1897
- Moyle v. HockingColorado Court of Appeals · 1897