Cook v. Lewis
Supreme Judicial Court of Maine
On Pacts agreed. Hall & Lewis were copartners, transacting business under the name of Hall & Lewis. Hall died in July, 1849. At that time, though the company was insolvent, there were goods on hand amounting to $1471. In Nov. 1849, Lewis, as surviving partner, sold the goods to Nickels, taking therefor his unnegotiable note, payable to Lewis, as surviving partner, at the same time informing Nickels that the money, when paid upon the note, would go to discharge company debts.
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On Pacts agreed. Hall & Lewis were copartners, transacting business under the name of Hall & Lewis. Hall died in July, 1849. At that time, though the company was insolvent, there were goods on hand amounting to $1471. In Nov. 1849, Lewis, as surviving partner, sold the goods to Nickels, taking therefor his unnegotiable note, payable to Lewis, as surviving partner, at the same time informing Nickels that the money, when paid upon the note, would go to discharge company debts. Lewis declined to administer upon Hall’s estate, and thereupon administration of that estate and of the co-partnership…
1Opinion of the Court
Appleton, J. —
Upon the death of one of the partners, the firm of which the deceased was a member is dissolved, and the law contemplates an entire cessation of its business. The goods and effects in possession are held by the survivor and the representatives of the deceased, as tenants in common. All suits upon outstanding claims, must be brought by or against those surviving. All rights of action belong to them at law, and they, have the exclusive right to reduce them to possession, and when that is done, they are to be regarded as trustee for the partnership and the representatives of the…
2Cited by7 opinions
- Harrington v. HerrickCourt of Appeals for the Ninth Circuit · 1894
- State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
- Dow v. SimpsonNew Mexico Supreme Court · 1912
- Groves v. AegerterMissouri Court of Appeals · 1931
- Esterly v. RuaCourt of Appeals for the Ninth Circuit · 1903
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