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90 Mass. 102

Patch v. Wheatland

Massachusetts Supreme Judicial Court

Decided January 15, 1864

Massachusetts Supreme Judicial Court · decided 1864-01-15

Contract brought against the assignees of the estate of George F. Wonson, Samuel G. Wonson, Jr. and William S. Wonson, partners under the firm of George F. Wonson & Brothers, insolvent debtors, to recover the amount received by them upon the sale of vessels formerly owned by the firm.

Relies on Lamb v. Durant

Decided 1864-01-15

Bigelow, C. J.

¶1The power of one copartner to make and execute a valid transfer, either absolute or conditional, of a ship, vessel or other personal property belonging to the firm, is clear *103and unquestionable, and has been often recognized and affirmed by this court. Lamb v. Durant, 12 Mass. 54. Tapley v. Butterfield, 1 Met. 515. Milton v. Mosher, 7 Met. 244.

¶2That this' power was well executed in the present case, we cannot doubt. One of the copartners, having authority to pass a valid title to the vessels by bill of sale, as incident thereto could execute them in any form or mode by which such title could be legally transferred. It is quite immaterial whether it was done by signing the name of the firm or the name of each copartner separately.

¶3A very different question would arise if one copartner should undertake to sign the separate names of his copartners to any contract, promise or agreement, by which a separate or individual or a new and additional liability might be created or assumed. Judgment for the plaintiff.

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