Ah Lep v. Gong Choy
Oregon Supreme Court
Multnomah County. Defendants-appeal. Even admitting that the money in controversy was loaned and was used in the partnership, the partnership is not bound, since the credit was given to the individual member; and the charge of the court in relation thereto was erroneous. (Livingston v. Roosevelt, 4 Johns. 271, 272; S. C., 4 Am. Dec. 273; Jaques v. Marquand, 6 Cow. 502,503; Whitaker v. Brown, 16 Wend. 505; Foot v. Sabin, 19 Johns. 158; S. C., 10 Am.
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Multnomah County. Defendants-appeal. Even admitting that the money in controversy was loaned and was used in the partnership, the partnership is not bound, since the credit was given to the individual member; and the charge of the court in relation thereto was erroneous. (Livingston v. Roosevelt, 4 Johns. 271, 272; S. C., 4 Am. Dec. 273; Jaques v. Marquand, 6 Cow. 502,503; Whitaker v. Brown, 16 Wend. 505; Foot v. Sabin, 19 Johns. 158; S. C., 10 Am. Dec. 208; Farmers’ Bank v. Bayless, 35 Mo. 437, 438.) The right of a partner to bind the firm is limited to the partnership business, and the •…
1Opinion of the CourtThayer, J.
This action was for money alleged to have-been loaned by the respondent to the appellants. Am attachment was sued out and levied upon their property.. They filed , an answer, to the complaint, in which they denied that the respondent had loaned any money to-them, and by giving an undertaking, procured, prior .to> the trial, a release of the attachment. The case was tried at the January term, 1885, of the Circuit Court, by jury duly impaneled, who returned a verdict in favor of the respondent and against the appellants for the sum of' $508, the amount of money claimed to have been loaned, with…
2Cases cited2 opinions
- Etheridge v. HallSupreme Court of Alabama · 1838
- Holcomb v. TealOregon Supreme Court · 1873
3Cited by15 opinions
- Fields v. FieldsOregon Supreme Court · 1958
- Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1904
- Che Gong v. StearnsOregon Supreme Court · 1888
- Tillamook Dairy Ass'n v. SchermerhornOregon Supreme Court · 1897
- Gaffney v. HoytIdaho Supreme Court · 1886
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