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4 Ky. Op. 511

White v. Ferguson

Court of Appeals of Kentucky

Decided November 2, 1871

Court of Appeals of Kentucky · decided 1871-11-02

<p>' Partnership — Use of Name of Firm After Dissolution.</p> <p>Though, after dissolution of a partnership, neither partner can, on account of the partnership relations, bind the other by use of the partnership name, either member may use the name of the other for the purposes of the late partnership, if authorized and permitted to do so by the other.</p>

Decided 1871-11-02

¶1Opinion of the Court by

Judge Hardin:

¶2It is indisputably true, as contended for the appellant, that after the dissolution of the partnership neither Blair nor the appellant, could, on account of late partnership relations alone, bind the other by the use of the partnership1 name; but nevertheless, either of them may have used the name of the other, for the purpose of the late firm and otherwise,: — if authorized and permitted to do so by the other.

¶3It appears from the admitted cash account of the late firm, that the money borrowed of Ferguson and Small went to the use of the firm, and from the facts and circumstances proved, we cannot decide, that the circuit court did not properly conclude, *512that the notes of the late firm were executed by Blair, with the assent and by the authority of the appellant.

Iiarlan & Newma/i%, for appellant.Sweeney & Stuart, for appellee.

¶4Wherefore the judgment is affirmed.

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