Taylor v. Cummer Lumber Co.

Citations

• 59 Fla. 638

Syllabus

<p>1. Where a dormant partner permits the business world to believe that the active partner is the sole owner of the business and of real estate belonging to the partnership, he is estopped from contesting the validity of a mortgage on the real estate made by the active partner to secure the payment for lumber furnished to the active partner, the mortgagee having no notice of the existence of the partnership when the mortgage was taken, and especially when, if the mortgagee had had timely notice of the existence of the partnership relation he might have otherwise secured the payment of his debt.</p> <p>2. Testimony which has already been taken before an examiner, and which the court has used without objection in settling the equities of the case, may be used by a master subsequently appointed under the direction of the court in stating and settling an account between the parties.</p>