Fripp v. Williams, Birnie & Co.

Citations

• 14 S.C. 502
• 1880 S.C. LEXIS 140

Syllabus

<p>1. Motion to dismiss appeal not entertained, the proper notice not having been given.</p> <p>2. The statements made by a partner after dissolution of the partnership, concerning a debt due by the firm, is competent evidence against the other partner’, when offered after evidence aliunde has been introduced of the partnership, and of the existence of such debt.</p> <p>3. Objection to the competency of evidence not taken at the time when the evidence is offered, cannot be afterwards raised.</p> <p>4. A loan was obtained by a partnership firm from a hank upon the deposit of certain railroad securities, and afterwards, upon the order of the firm written by one of the partners, such securities were surrendered to an agent of thedirm in exchange for certain municipal bonds belonging to a third party, fraudulently so applied by such partner, which bonds were subsequently sold by the bank and the proceeds credited upon the indebtedness of the firm. In an action by the owner of these bonds against the firm for their recovery, it is not necessary for the plaintiff to show, in order to fix a liability upon the innocent partner, that the railroad secu- . rities went back into the assets of the firm, or in some way were of benefit to the firm after they were released.</p> <p>5. Article IV., Section 26, of the constitution of this state, which provides that judges shall not charge j uries in respect to matters of fact, considered.</p>