McNair ex rel. White v. Platt

Citations

• 46 Ill. 211

Syllabus

<p>1. Partnership—power of partners to bind the firm. Where a member of a co-partnership is indebted to a person owing the firm, he cannot apply the indebtedness to the firm for the purpose of canceling his indebtedness, nor can he apply the fund or property of the firm for such purpose without the assent of his co-partner, or at least his subsequent ratification.</p> <p>2. Same—how far partner is bound by the unauthorised act of his co-partner. As a general rule, one partner is not bound by the unauthorized acts of his co-partner. But from the very nature of a partnership, each member of the firm is presumed, and has authority, to bind the firm within the scope of the business of the copartnership.</p> <p>■3. Beyond the scope of the partnership business, the authority of one partner to act, must be shown, precisely as if any other person had performed the act, or the firm will not be bound.</p> <p>4. The application of partnership funds or property, to the payment of an individual debt Of one of the members of the firm is outside of the scope of its business, and assent or ratification of the other partner must be shown, or the firm will not be bound.</p> <p>6. Instructions. Instructions containing mere abstract legal propositions, with out any evidence to support them, are calculated to mislead the jury, and should not be given.</p>