This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1841. Excerpt: ... defendant by plaintiff, who is a merchant. The
defence set up was, that plaintiff was in partnership with a
certain Harry Conelly, and could not sue alone; and, 2d., payment
to Conelly. To rebut the evidence of partnership, plaintiff replied
and offered, inter alia, the license granted to M'Cabe, as a
retailer of merchandize, which was objected to, and rejected as the
party's own act. On the question of partnership and the right to
sue alone, it was contended for the plaintiff, that there must be
an agreement, both as to profit and loss, to constitute a
partnership; and even if Conelly, was proved to be a partner, he
was a dormant one; the rule as to which is, that there is no
necessity of using the name of a dormant partner in suing. 1 Chitty
PI. 8; Leveck Pollard vs. Shaftoe,2 Esp. Rep. 468; Carij on
Partnership, 97; 5 Law Library, 39. On the other side it was
contended, that this rule must be taken with this qualification,
that a dormant partner need not be joined unless privity of cmlract
could be shown, (2 Saund. PI. Sf Ev. 701, ) which it was insisted
had been done in this case. The Court left the question of
partnership to the jury; defining it to be an association for the
purpose of trade, where each party is to receive and bear his
proportion of profit and loss; and instructing them, as to the
other question, that it depended on the fact whether Conelly was a
known or a dormant partner. If he was unknown: to the defendant,
who dealt with McCabe alone, then McCabe had the right to sue him
alone. The plaintiff had a verdict. Booth and R. H. Bayard for
plaintiff. Macbeth, Head, Jr., and J. A. Bayard, for defendant. -
ELIZA WILSON it. The ROCKLAND MANUFACTURING COM PANY. A master is
liable for the negligence of his servant: and a corporation is
General Books LLC
|Country of origin:
David Thomas Marvel
||246 x 189 x 13mm (L x W x T)
||Paperback - Trade
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