Mayer v. Bernstein

Citations

• 69 Miss. 17

Syllabus

<p>1. Assignment eor Cbeditobs. Power of partner.</p> <p>In the absence of exceptional circumstances, one partner, without the consent of his copartner, cannot make a general assignment of the firm effects for the benefit of creditors.</p> <p>2. Same. Assignment by one partner. Burden of proof.</p> <p>A general assignment of the firm property. executed by one partner is prima facie invalid, and the burden of proof to show consent of the other partner rests upon those who would maintain it.</p> <p>3. Same. Ratification. Intervening liens. Rights of creditors.</p> <p>Where one, without the consent of his copartner, makes a general assignment of the firm assets, and creditors assail it, subsequent ratification by the non-executing partner will not affect their liens.</p>