Lynch v. Thompson

Citations

• 61 Miss. 354

Syllabus

<p>1. Partnership. When parties become partners. Casein judgment.</p> <p>P. and L. entered into a written agreement whereby they contracted to embark together into the enterprise of raising and dismantling a sunken steamer. L. was to furnish certain necessary machinery and appliances named, and with these P. was to do the work, and furnish labor, provisions, money, and such further appliances as were necessary for the work. The material to be saved from the wreck was to be turned over to L., who was to control and sell the same for their joint account, first repaying to P. the amounts paid by him. Held, that this agreement constituted the parties partners in the enterprise both inter sese and as to third persons.</p> <p>2. Same. Liability of partners to third persons. Private agreement inter sese.</p> <p>Where one of two partners, embarked in a joint venture, contracted for and obtained for the partnership from a third person certain things within the scope of the copartnership venture, both of the partners are liable, notwithstanding a private agreement inter sese that a particular member of the firm should alone be liable for the things obtained.</p> <p>3 Supreme Court. Practice. Judgment. Errors which cannot be complained of.</p> <p>Where two partners are jointly sued in the circuit court and separate judgments rendered against them, and one appeals to the supreme court, he cannot there complain of errors in the judgment against the other partner by which he is in no manner aggrieved.</p>