Redfield v. Wells
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. F. J. Cowen, Judge. Action on account for' goods sold and delivered. Judgment for defendants. A partner may not nse the firm assets, or make a valid transfer of the firm property in payment of his individual debts, and if he attempts to do so, such property or funds may be recovered from the party so receiving them. (7 Am.
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APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. F. J. Cowen, Judge. Action on account for' goods sold and delivered. Judgment for defendants. A partner may not nse the firm assets, or make a valid transfer of the firm property in payment of his individual debts, and if he attempts to do so, such property or funds may be recovered from the party so receiving them. (7 Am. St. 377, 378, 380, notes,- 30 Cyc. 501.) The plaintiff is in no sense a purchaser of the check nor a holder thereof in due course, and therefore the rule of law relative to purchasers…
1Opinion of the CourtRice, J.
On March 7, 1913, respondents Wells, Fletcher and Nelson, a copartnership under the name of the Hagerman Valley Bee & Honey Company, drew a cheek for $550 payable to the Superior Honey Company, the trade name of appellant. The appellant at that time, and for some time prior thereto, had been conducting his business at Ogden, Utah. The check was delivered to one M. A. Gill, with instructions to forward it to appellant in payment of certain supplies then to be ordered. Gill, however, delivered it to the appellant with instructions to apply it upon his personal indebtedness created prior…
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- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
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- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Liberty Trust Co. v. TiltonMassachusetts Supreme Judicial Court · 1914
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