In re J. H. Curlee & Co.

Citations

• 118 La. 563
• 43 So. 165
• 1907 La. LEXIS 765

Syllabus

<p>1. Paetneeship — Surviving Paetnee — Rights and Liabilities.</p> <p>The surviving partner of a commercial partnei'ship liquidating its affairs is without authority to pay debts alleged to be due by the deceased individually out of the partnership funds. He is without authority to admit their correctness and pay them. The widow of the deceased partner and his succession cannot be called on to litigate such claims in the liquidation proceedings.</p> <p>2. Same — Commission.</p> <p>The surviving partner of a commercial partnership liquidating its affairs is without right, under the express terms of the law, to receive commission for his services as such.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 38, Partnership, § 550.]</p> <p>3. Same — Expenses oe Liquidation.</p> <p>The preparation of the accounts of the surviving partner of a commercial firm liquidating its affairs is part of the duty of the attorney employed in the case. The liquidator is not authorized to employ a bookkeeper to make out the account, and have him paid out of the funds of the partnership as one of the expenses he is entitled to incur under the second paragraph of article 1142 of the Civil Code.</p> <p>4. Same — Action—Evidence.</p> <p>The fact that the liquidator of a partnership, who has given a check to an employs of the partnership, has indorsed himself the cheek under the indorsement of the payee, does not warrant the inference that the employs was not paid through a check. Such indorsement may have been given as warranting the genuineness of the payee’s signature. Though the money received by payment of the check may finally have been received by the liquidator in his transactions with the payee, the payment of the check, under indorsement of the payee, operated a payment thereof to the payee himself.</p> <p>5. Same.</p> <p>When an outlay of money by the liquidator for electric lights is shown by the testimony to have resulted in benefit to the partnership,' the surviving w