Legal Opinion

Nisbet v. Patton

Supreme Court of Pennsylvania

Decided February 6, 1833PublishedCited by 7 opinions

On the return of a writ of error to the District Court, for the City and County of Philadelphia, it appeared that this was an action of trover, brought by James Patton and others, assignees of Henry Simpson, against Michael JVisbet and David C. Wood, trading under the firm of Michael JVisbet Sf Company, for the conversion of six promissory notes, drawn by different persons, in favour of Henry Simpson.

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On the return of a writ of error to the District Court, for the City and County of Philadelphia, it appeared that this was an action of trover, brought by James Patton and others, assignees of Henry Simpson, against Michael JVisbet and David C. Wood, trading under the firm of Michael JVisbet Sf Company, for the conversion of six promissory notes, drawn by different persons, in favour of Henry Simpson. Simpson, who was a dealer in dry goods, had been in the habit of depositing goods with the defendants below, who advanced their notes upon them. The notes for the conversion of which this suit…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

The case of White v. Demary, 2 N. H. Rep. 546, though apparently in point, depended on a principle entirely distinct from that which governs the transactions of partners. There the defendants were but joint baillees; and the law is settled that the act of a tenant in common shall not prejudice the title of his co-tenant, or charge him with a tort. It is otherwise with partners, each of whom constitutes the other a general agent of the firm with power to bind it, not only by his contracts, but by his acts in the scope of the business. His…

2Cases cited2 opinions

  1. Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
  2. White v. DemarySuperior Court of New Hampshire · 1823

3Cited by7 opinions

  1. Official Committee of Unsecured Creditors Ex Rel. Summit Airlines, Inc. v. Ganz (In Re Summit Airlines, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1993
  2. Holbrook v. WrightNew York Supreme Court · 1840
  3. Vanderburgh v. BassettSupreme Court of Minnesota · 1860
  4. Graham v. MeyerU.S. Circuit Court for the District of Southern New York · 1858
  5. French & Davies v. RoweSupreme Court of Iowa · 1864

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