Martin v. Searles
Supreme Court of Connecticut
Action of book debt, to recover for certain beef cattle sold to the defendants, Walter Searles and Charles M. Valentine, as partners. The defendant Valentine suffered a default, and Searles assumed the defense and claimed that the cattle were purchased by Valentine after the dissolution of a previously existing partnership between Valentine and himself, and that he was not liable.
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Action of book debt, to recover for certain beef cattle sold to the defendants, Walter Searles and Charles M. Valentine, as partners. The defendant Valentine suffered a default, and Searles assumed the defense and claimed that the cattle were purchased by Valentine after the dissolution of a previously existing partnership between Valentine and himself, and that he was not liable. The case was referred to an auditor, who reported that the defendants were indebted to the plaintiffs in the sum of $568.04; against the acceptance of which report the defendant Searles remonstrated, and on the…
1Opinion of the CourtButler, J.
In the case of Lyon v. Johnson, decided this term, we have examined at some length the duty required of a retiring partner in regard to notice of the dissolution, and shall here content ourselves with an application of the rules there stated to the facts of this case.
It appears that the contract upon which the plaintiffs claimed to recover, was entered into by them on the faith of the partnership, with one of the partners, in the name and ostensibly for the benefit of the partnership, and was within the scope of the partnership business; and it is therefore obligatory on all the partners,…
2Cases cited1 opinion
- Bristol v. SpragueNew York Supreme Court · 1832
3Cited by3 opinions
- Southwick & Wheelock v. McGovernSupreme Court of Iowa · 1870
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
- Backus v. TaylorIndiana Supreme Court · 1882