Bank of Commerce v. Ada County Abstract Co.

Citations

• 11 Idaho 756
• 85 P. 919
• 1906 Ida. LEXIS 15

Syllabus

<p>Transcript on Appeal — What to Contain — Partnerships—Promissory Note — Sale of Partner’s Interest in Partnership — Assumption of Partnership Debts — Liabilities of Incoming Partner.</p> <p>1. Under tbe provisions of section 4818 of the Bevised Statutes, where an appeal is from final judgment only, the appellant must furnish the court with a copy of the notice of appeal, the judgment-roll and of any bill of exceptions or statement in the case upon which he relies.</p> <p>2. Such bill of exceptions or statement may be used on appeal for determining whether errors of law had been made in the trial of the case.</p> <p>S. Where a partnership was formed under the name of the Ada County Abstract Company, and was composed of Prinn, Wicker-sham and Ellsworth as partners, who all sell and transfer their interests in such partnership to Wright and the Capital State Bank, the incoming partners are not liable for any of the debts of the old firm, unless they have assumed or agreed to pay such indebtedness.</p> <p>4. One who loans money to a partnership, which is thereafter invested in offiee furniture and other property by such partnership, which partnership thereafter sells and transfers said property to others, the one loaning the money cannot pursue the property for such debt, unless he has retained some lien thereon recognized by the laws of the state.</p> <p>(Syllabus by the court.)</p>