Brewster v. Mott

Citations

• 5 Scam. 377

Syllabus

<p>Error to La Salle.</p> <p>■ r. Partnership — acts of one member not binding — wken. One partner is in no case bound by the acts of his co-partner, done without his assent; and although this assent may be implied from their partnership relations, in regard to all acts within the scope of their partnership transactions, it cannot be in reference to the payment by one co-partner, of his individual indebtedness with the partnership funds or effects. In such case there must be extraneous evidence to prove such assent; and m the absence of such evidence, it will be wholly immaterial whether the separate creditor knew that'such payment had been made with the partnership funds or not; he will, in ei'her event, acquire no property in the partnership funds, or be entitled to no discharge from his debt to the firm (as the case may be) as against the partner without whose assent such payment has been made.</p> <p>2. Instance. A and B, as late partners, instituted a suit against the defendant for a partnership account, amounting to $717.17. The defendant pleaded payment. The plaintiffs admitted a credit to the amount of $307.08. The books of the plaintiffs showed, that in addition to the $307.08 the defendant had been credited with $266.ro, on the 25th of February, 1841, and with $208, in full of his account, on the 15 th of October, 1841. These credits were made in discharge of B’s indivi dual indebtedness to the defendant. A did not know or consent to either of the credits given on the partnership books, before or at the time they were given. The credit for $266.10 was in the hand writing of B, who was the active partner in the concern, and the latter was made by the clerk, under his direction, and they appeared nowhere except in the account of defendant, not having been charged to B, in his own private account, on the books. A seldom examined the books, and the clerk was ignorant of the existence of the credit for $266 10, until sometime after the dissolution of partnershi