Cases on the Law of Partnership

Cases on the Law of Partnership

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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. 1905 edition. Excerpt: ...of Wride from the firm. Executions were issued on these judgments on the 25th of May, and placed in the hands of the defendant Ringer, who was deputy sheriff of Ontario county, and he levied upon the property on the 19th of July, 1867, and sold it on the 29th of that month. The defendant Whitwell was sheriff, and this action was brought against him and his deputy for such levy and sale. The plaintiff claimed title to four-fifths of the value of the property, as follows: On the 22d of December, 1866, John Wride assigned all his interest in the property and business of the firm to John C. Smith, who agreed to pay the firm debts; and on the 4th of February, 1867, Marietta Huntington assigned all her interest in the firm property to the said John C. Smith, who took her place in the firm. The business continued to be carried on by the remaining partners, under the same firm name. Both of these transfers were made with the consent of all the other members of the firm, and in good faith, without intent to defraud the creditors of the firm. On the 28th of February, 1867, the firm then consisted of Smith, Rubert and Goodwin, and Smith's interest being three-fifths, he gave to the plaintiff a chattel mortgage upon his interest in the yeast factory, property, accounts, etc., of the firm to secure his individual debt to the plaintiff of S3,400, payable in installments in two, five and seven months, with power to take possession and sell in case of default, or whenever she should deem herself unsafe, before default. The referee found that this amount was justly due to the plaintiff for money loaned by her to Smith, which he had used for the firm, and for which it was indebted to him; and that the mortgage was given in good faith, with the consent of all the...show more

Product details

  • Paperback | 418 pages
  • 189 x 246 x 22mm | 744g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236661540
  • 9781236661548