Dawson, Blackmore & Co. v. Elrod
Court of Appeals of Kentucky
Case 77 — ACTION ON ACCOUNT FOR MERCHANDISE Counsel admitted that the weight of authority was that a partner could relieve himself from liability for the firm’s debts by a notice to persons dealing with the firm not to sell to it on credit, (citing Story on Partnership, secs. 110, 128, 134, and 157; Leavett v. Peck, 3 Conn. 124 ([8 Am. Dec., 157]; and Monroe v. Connors, 15 Me., 178 [32 Am.
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Case 77 — ACTION ON ACCOUNT FOR MERCHANDISE Counsel admitted that the weight of authority was that a partner could relieve himself from liability for the firm’s debts by a notice to persons dealing with the firm not to sell to it on credit, (citing Story on Partnership, secs. 110, 128, 134, and 157; Leavett v. Peck, 3 Conn. 124 ([8 Am. Dec., 157]; and Monroe v. Connors, 15 Me., 178 [32 Am. Dec., 148]); but contended that the evidence in this, case did not show such notice and further that Elrod having appropriated the firm’s assets to an amount sufficient to pay the debt of appellant was…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
This action was instituted in' the Pulaski Circuit Court by the appellant against appellee and W. F. Hansford, as partners under the style of Walter Elrod & Co., upon an account of goods and merchandise sold to that firm. Hansford made no defense. Appellee, Elrod, admitted the sale and delivery of the goods charged for to Hans-ford, and that they were used by the firm, but denied liability therefor, for the reason, as alleged, that, before the goods were sold or delivered by appellant, he (appellee) notified appellant that he would not be bound to…
2Cited by9 opinions
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- California Canning Peach Growers v. Bardell & OregoniCalifornia Court of Appeal · 1933
- Dinkelspeel v. LewisWyoming Supreme Court · 1936
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