Polk v. Oliver, Finnie & Co.

Citations

• 56 Miss. 566

Syllabus

<p>1. Paetnership. Retiring partner. Liability for new firm, debts.</p> <p>To escape liability for subsequently contracted debts in the firm name, a retiring partner must give actual notice to existing dealers with the firm, and public notice to the world; in the absence of which public notice he is liable for a debt contracted after his retirement, with a person not before a customer of the firm.</p> <p>2. Same. The notice necessary: Sow given to subsequent dealers.</p> <p>The character of the ¿notice, to affect subsequent dealers, must be such as to advise the public of the dissolution of the firm, — as, by changing the firm, name on the sign and in business transactions, publication in a newspaper, or otherwise, — and a private notice to the former dealers is not alone sufficient to affect subsequent ones; and, generally, whether the proper notice has been given is a question of fact for the jury.</p>