Straus, Gunst & Co. v. T. O. Sparrow & Co.
Supreme Court of North Carolina
ActioN tried on appeal from a justice’s court, before Qooh, Jand a jury, a-t April Term, 1908, of Beaueoet. The evidence tended to show that plaintiffs, distillers and liquor dealers, in Richmond, Va., sold whiskeys on running account to T. 0. Sparrow & Co., a firm doing business in Washington, N. 0., from January, 1905, to 6 October of the samé year, the balance due being $99.08; that the firm of T. 0. Sparrow & Co., composed originally of T. O. Sparrow and defendant W. H.…
Read the full summary
ActioN tried on appeal from a justice’s court, before Qooh, Jand a jury, a-t April Term, 1908, of Beaueoet. The evidence tended to show that plaintiffs, distillers and liquor dealers, in Richmond, Va., sold whiskeys on running account to T. 0. Sparrow & Co., a firm doing business in Washington, N. 0., from January, 1905, to 6 October of the samé year, the balance due being $99.08; that the firm of T. 0. Sparrow & Co., composed originally of T. O. Sparrow and defendant W. H. Albert, was dissolved in July, 1905, when W. H. Albert retired, having sold out his interest to one 0. IT. Spears, and…
1Opinion of the Court
IToKE, J.,
after stating the case: It is well established that when an ostensible or known partner retires from- a firm which continues the business, in order to protect him from liability for future obligations of the partnership proper notice of his retirement must be givén. Ordinarily,- when a creditor seeking to enforce recovery against such a partner has never had any dealings with the firm, a notice published in a local paper having a general circulation, in a full and proper manner and for a reasonable length of time, will be regarded as sufficient. Where, however, the.creditor claimant…
2Cases cited4 opinions
- Cox v. . PearceNew York Court of Appeals · 1889
- Cowan v. Roberts.Supreme Court of North Carolina · 1903
- Ellison v. . SextonSupreme Court of North Carolina · 1890
- Scheiffelin v. . StevensSupreme Court of North Carolina · 1863
3Cited by8 opinions
- Hanford v. McSwainSupreme Court of North Carolina · 1949
- Jenkins Bros. Shoe Co. v. G. v. Renfrow & Co.Supreme Court of North Carolina · 1909
- Westinghouse Electric & Manufacturing Co. v. HubertMichigan Supreme Court · 1913
- Ring Furniture Co. v. BussellSupreme Court of North Carolina · 1916
- Night Commander Lighting Co. v. BrownMichigan Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.