Davis v. Richardson & May

Citations

• 45 Miss. 499

Syllabus

<p>_ 1. Stamp acts—congress has no power to prescribe rums op evidence POR the state courts. —Tb.e congress of the United States has not tbe power, under tbe constitution, to prescribe rules of evidence obligatory on tbe state courts; and therefore instruments of evidence, admissible by tbe law of tbe state, may be read in evidence, without being stamped, while persons using them are amenable to tbe penalties prescribed by acts of congress for failure to observe tbe requirements of tbe stamp acts.</p> <p>2. Same—interpretation—state courts not included.—It is a fair interpretation of tbe acts of congress on tbe subject of stamps that tbe state courts were not contemplated as embraced by them.</p> <p>3. Partnership —authority op each to bind the pihm. —One partner Is clothed with authority, or constituted an agent, for all, as to all matters within the scope of the partnership business and dealings. Any restrictions imposed by the partnership articles, operate only ínter se, and not in transactions with third persons, unless they have knowledge of such restrictions.</p> <p>5. Partners—implied authority of each to bind the firm dependent ON THE NATURE OF THE PARTNERSHIP business.—A partner, unless he is member of a commercial firm or one engaged in general promiscuous trading, has no implied authority to bind his, firm by borrowing money and executing promissory notes or other securities, unless the money is necessary for the business, and such pledge of the credit of the firm is usual, as shown by the practice of his firm or others in similar business.</p> <p>6. Partnership liabilities — unauthorized acts of a partner—effect of ratification by the firm.— B. gave to R. & M. an agricultural lien on the crop to be raised on Bee Lake plantation, in consideration of money and Supplies furnished and to be furnished to complete the crops by them. The lien was in the firm name of B. & D.; but, two days before malting the contract, B. had secretly withdrawn from the firm. The