Salt Lake City Brewing Co. v. Hawke
Utah Supreme Court
Appeal from the Fifth District Court, Beaver County.— Hon. John E. Booth, Judge. Action to recover money loaned and for goods sold and delivered. From a judgment holding defendant Hawke alone liable for certain moneys advanced by plaintiff, the plaintiff appealed.
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Appeal from the Fifth District Court, Beaver County.— Hon. John E. Booth, Judge. Action to recover money loaned and for goods sold and delivered. From a judgment holding defendant Hawke alone liable for certain moneys advanced by plaintiff, the plaintiff appealed. It is almost an elementary principle that, in case of commercial or trading partnerships, each partner has undoubted authority to pledge the partnership property, or borrow money for partnership purposes, or do any act incident or appropriate to tbe firm’s business, according to the usage of such trade or business. Whoever…
1Opinion of the Court
BARTCIL, L,
having stated the case as above, delivered the opinion of the court.
On this appeal the first assignment of error relates to the fourth finding of fact, which reads: “That on the eighteenth day of August, A. D. 1900, at Erisco, Beaver county, State of Utah, the said defendant William Hawke had and received of the money of the plaintiff the sum of $500; that the said sum of $500 had and received from the plaintiff by the said defendant William Hawke was obtained by the 1 said defendant William Hawke for his sole and individual use, and without the knowledge or consent of the…
2Cases cited8 opinions
- Muldon v. WhitlockNew York Supreme Court · 1823
- Randall, Sawyer & Dyer v. Merideth & AilmanTexas Supreme Court · 1890
- Schemerhorn v. LoinesNew York Supreme Court · 1810
- Smith v. CollinsMassachusetts Supreme Judicial Court · 1874
- Dowling v. Exchange Bank of BostonSupreme Court of the United States · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peterson v. RichardsUtah Supreme Court · 1928
- Amunategui v. Spokane Cattle Loan Co.Idaho Supreme Court · 1923
- J. J. Crable & Son v. O'connorWyoming Supreme Court · 1913
- Myers v. MorganUtah Supreme Court · 1981
- Aramburn v. GuerricagoitiaOregon Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.