Johnson v. Totten

Citations

• 3 Cal. 343

Syllabus

<p>A consignment of merchandise was made to defendants as partners; after the dissolution of the partnership, two sales of a portion of the merchandise were made; one by each partner, who severally received the money : Held, that the partnership continued for the purpose of fulfilling engagements; and that the defendants were jointly liable.</p> <p>lj To affect the rights of one, dealing with a partnership firm, actual notice of its 1 dissolution must be brought home to him.</p> <p>In an action for money had and received by the consignor, the amount of goods sold on credit by the consignee, having no authority so to sell, can be recovered.</p> <p>Such sale must be taken, in reference to the rights of the plaintiff, to have been made for cash; and to the vendor belongs the demand created by the sale against the vendee; and the vendor is liable to the plaintiff for money had and received.</p>