Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 28

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 28

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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. 1912 edition. Excerpt: ...inasmuch as he objected to his partner entering into the a'greement at the time it was made. the agreement was not binding upon him and he was not liable under it. The court. however, held that he was bound by the agreement, notwith-.=tanding his dissent at the time the agreement was entered into. It is said in 30 Cyc. p. 508, by the learned author, under the head of Partnership: "One partner has implied authority to appoint an agent to make and indorse negotiable paper for the firm"--citing a number of authorities. To the same effect is Mechem on Agency, 45, 70. In the late ease of Parker v. Parker, 80 S-. /V. 209, it was heldby the learned Court of Appeals of Kentucky that "a member of a firm, having authority to borrow money for its-benefit, has authority to direct another to borrow money for it.." In its opinion the court says: "The evidence tends to show that Miss Dora Farris conducted the business of the firm at their offiee in London, Ky. She made the deposits in bank and drew the firm's checks thereon. The firm's name was signed to the note by Miss Farris. She was Ed Parker to borrow money from his wife for the firm, which she did, and signed the firm's name to the note. The money was used in the busin.ess and for its benefit. As a member of the firm, Ed Parker had the right to borrow the money to be used for the benefit of the firm. Consequently he had the right to direct an agent of the firm to do so for it." In Tillier v. Whitehead, 1 Dall. 269, I L. Ed. 131, in which there was a feigned issue to try whether the defendant had a legal authority to. use plaintiff's name in the acceptance, drawing, and indorsement of bills of exchange more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236931165
  • 9781236931160