Matthies v. Herth

Citations

• 31 Wash. 665
• 72 P. 480
• 1903 Wash. LEXIS 688

Syllabus

<p>PARTNERSHIP-EXECUTION OF MORTGAGE-REFUSAL OF PARTNER TO JOIN-EFFECT.</p> <p>A mortgage executed in the partnership name by some of the members of a non-trading partnership, to secure money loaned the firm from time to time for the purpose of increasing its plant and property, is a valid lien on the whole of the property of the firm, although one of the copartners refused to join in its execution, there being no affirmative showing that he refused his assent to the execution of the mortgage by the partnership, but, on the contrary, that the debt was incurred with his knowledge, and that he had enjoyed the fruits of the money received thereby in the betterment of the partnership property.</p>