12 Thompson 659Bank of Bellbuckle v. Mason (1917)
<p>1. PARTNERSHIP. Protest by partner.</p> <p>At. common law, or under Public Acts 1917, chapter 140, where one of two partners notifies a bank that he will not be bound for any overdrafts made by his partner, he is not liable therefor, regardless of where the money is applied, except that he is estop-ped as to a check drawn by his partner in his behalf, although he had no knowledge that it was an overdraft, because in paying overdrafts over protest, the bank will be held to be doing so solely on the credit of the other partner, and no contractual relation exists between the 'protesting partner, or the partnership, and the bank. (Post, pp. 662-668.)</p> <p>Cases cited and approved: Johnston v. Dutton, 27 Ala., 245; Campbell & Jones v. Bowen, 49 Ga., 417,- Johnson, Clark & Co. v. Bernheim, 76 N. C., 139; Johnston v. Bernheim, 86 N. C., 339; Yeager v. Wallace, 57 Pa., 365; Ellis v. Allen, 80 Ala., 515; Wilcox v. Jackson, 7 Colo., 521; Fertilizer Co. v. Pollock, 104 Ala., 402; Monroe v. Conner, 15 Me., 178; Leavitt v. Peck, 3 Conn., 124; Mofiitt v. Roche, 92 Ind., 96; Cargill v. Corby, 15 Mo., 425; Matthews v. Dare, 20 Md., 248; Gallway v. Mathew et al., 10 East, 264; Union Bank v. Day, 59 Tenn., 413; Puckett v. Stokes, 61 Tenn., 443.</p> <p>Cases cited and distinguished: Dawson v. Elrod, 105 Ky., 624; Matthews v. Dare, 20 Md., 248; Johnson v. Rankin, 59 S. W., 643; Foster v. Hall, 23 Tenn., 352.</p> <p>2. PARTNERSHIP. Contracts. Protest of partner. Sufficiency of notice.</p> <p>Notice by one of two partners to a bank that checks of his partner must not be paid unless there was money in the bank to the credit of the firm to meet them was sufficient to release such partner from liability for overdrafts, although he did not in terms state that he would “not be bound;” it being sufficient if he conveyed clearly and unmistakably that he dissented; that he did not consent to his partner’s making overdrafts, but was opposed to it. (Post, pp. 668-678.)</p> <p>Acts cited and construed: Acts 1917, ch. 140.</p> <p>Case cited and approved: Gallway v. Mathew, 10 East, 264.</p>
