Fulton v. Hughes

Citations

• 63 Miss. 61

Syllabus

<p>1. Partnership Assets. Sale by one partner to the other. Payment of individual debt. Mights of firm, creditors.</p> <p>Where one of two partners in a mercantile firm has bought his copartner’s interest in the firm assets, the former may dispose of them in payment of his individual indebtedness; and the firm creditors have no lien upon the assets and cannot avoid such disposition, notwithstanding it may have been agreed between the partners that he who bought the assets should assume and pay off the debts of the firm. Schmidlapp & Bros. v. Carrie '<& Co., 55 Miss. 597, cited.</p> <p>2. Evidence. Contradictory statements. Foundation therefor. Testimony in affidavit.</p> <p>Evidence of statements made by a witness contradictory of his testimony .is inadmissible, without the proper foundation therefor having been laid, even where the testimony sought to be contradicted is contained in an affidavit for a continuance, which the adverse party admits in evidence as the testimony of an absent witness, in order to avoid a continuance of the case.</p>