The Law Library Volume 99

The Law Library Volume 99

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...laid down in the case of Shirreff and Another v. Wilks and Others, 1 East, 48. But upon the facts stated, such does not distinctly appear to us to be the case. Nor does it appear that there was any such crassa negligentia on the part of the plaintiffs, in not inquiring whether Ewbank, the one partner with whom they dealt, was authorized to dispose of this security (which had originally been partnership property) as his own, as to render this transaction on that account fraudulent, and therefore void. In the case of Shirreff and Another v. Wilks and Others, the plaintiffs drew for a balance due from Bishop and Wilks for porter sold to them, exclusively of their third partner Robson; and then they sought to charge Robson, as well as Bishop and Wilks, by the acceptance of Bishop in the partnership firm of G. Bishop and Co. In that case, if the plaintiffs meant their bill, which was drawn generally on G. Bishop and Co., as a bill upon the three partners, (and Lord Kenyon clearly so considered it, ) they must have been conscious that it was an unauthorized act in them to draw on the partnership firm and funds of the three for the separate debt of two; and they must have been fully aware that the third partner, Robson, was at the time ignorant that they had so done._ And if they did not mean to draw upon the three, but upon Bishop and Wilks only, what right could they have to apply a general acceptance in the name of Geo. Bishop and Co., to charge Robson, where there was no reason to suppose that Robson had consented that his security should be pledged? That case, therefore, presented circumstances from which, in the attempt to charge Robson, covin to the prejudice of the third partner might fairly be inferred. In that case, too, Robson, Wilks, .show more

Product details

  • Paperback
  • 189 x 246 x 19mm | 635g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236881745
  • 9781236881748