Howe v. Kerr

Citations

• 69 Miss. 311

Syllabus

<p>1. Code 1880, § 1300. Debtor transacting business without sign. Silent partner.</p> <p>Under § 1800, code 1880, where one transacts business in his own name, without a sign at the place disclosing that another has any interest therein, all the property used in the business is liable for his debts; and this, although such other is interested in the business as a silent partner, and ^personally assists in carrying on the business, ostensibly as clerk.</p> <p>2. Same.^ Sale by person transacting business. Individual debts.</p> <p>Since the property so used or acquired in the business, though owned by the firm, may be subjected to the debts of the person thus transacting business in his own name, he may sell it in payment of his individual ' debts, without the consent of the silent partner.</p>