J. M. Robinson, Norton Co. v. Godsey

Citations

• 111 Miss. 171
• 71 So. 312

Syllabus

<p>Principal and Agent. Liability of principal. Claim of property.</p> <p>Under Code 1906, section 4784, declaring that if a person shall transact business as a trader or otherwise, with the addition of the words “agent,” “factor,” and “company,” or the like, and fail to disclose the name of his principal or partner by a sign in letters easy to be read, placed conspicuously at the house where such business is transacted, all property and' choses in action used or acquired in such business shall, as to the creditor of any such person, be liable for his debts as if they were his property; where the active clerk in a store conducted by partners had the same surname as the partners and there was no sign on the store naming the members of the firm and such clerk frequently drew checks on the partnership account, but merely did what he was directed to do and the partners themselves actively participated in the running of the business, in such case creditors of the clerk could not hold the partnership property liable for their debts.</p>