The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 18

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 18

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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: ...debt was contracted by Love as the managing partner, for the joint benefit of Burnley and himself, and for the use and benefit of the plantation; that the amount of the debt at the present time was $8.156 48; that Burnley expressly authorised Love to bind him for the expenses and debts incurred by Love in changing from the business of a cotton plantation to that of a sugar plantation; that Burnley did not expressly disapprove of the change made in the cultivation of the plantation by Love; and that Burnley had notice of the change, and expressly ratified such change from the cultivation of cotton to sugar. Upon this verdict, there was judgment for the plaintiffs for the amount found, against Love & Burnley. Motion for new trial overruled. &e. i There was a bill of exceptions as follows: Be it remembered that upon the trial of the above cause, A. vi T. Burnley, by his attorney, moved the Court to present to the jury the following issue, viz.: Did the defendant, A. T. Burnley, authorize the said James Love-to contract for his (Love's) family supplies, and to make Burnley liable therefor? but the Court refused to give the said issue to the jury, to which ruling of the Court the defendantls excepted, &c. Allen d3 Hale, for plaintiff in error. I. The Court below erred in refusing to instruct the jury, that one partner could not bind the other in matters out of the scope and object of the partnership. The finding of the jury must be materially influenced by their understanding of the general powers of partners, and it is quite evident that they found that Burnley assented to the change in the business simply because they supposed that one partner could bind the other in any matter; for there was no testimony whatever of more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236860039
  • 9781236860033