Bynum v. Clark, 125 N.C. 352 (1899)

Dec. 5, 1899 · Supreme Court of North Carolina

125 N.C. 352

BYNUM & PASCHAL, v. JOHN F. CLARK and W. D. CLARK, Partners.

(Decided December 5, 1899.)

Partnership — Notice of Dissolution.

Actual notice of dissolution of partnership must be given, especially to those who had previous dealings with the firm.

OrviL ActtoN upon a running account, submitted on appeal from Justice's Court of Cumbeklastd County, to Robinson, J., at May Term, 1899, of the Superior Court, and judgment rendered by him in favor of plaintiff under circumstances stated in the opinion. Defendants excepted and appealed.

Mr. N. A. Sinclair, for appellant.

Mr. S. II. MacRae, for appellee.

Eaikcloth, C. J.

Prior to April 1, 1897, the defendant John F. Clark and others, were in a partnership business under the name of John F. Clark, agent, and had a running account with the plaintiffs, and on April 1, 1897, said co-partners were duly incorporated as “The Manchester Cotton Mills,” and the said corporation became the owners of the business and assets of said copartnership. After the formation of said corporation, the defendant Clark ordered goods from the plaintiffs — signing J. E. Clark, agent. The plaintiffs were never actually notified of the formation of said corporation, nor that it had succeeded to the business of John E. Clark, agent, nor of the dissolution of the said partnership.

The only question is: “Can the plaintiffs recover, they having had no actual notice of tire dissolution of the partnership or of the formation of the corporation? We think they can. In such cases, actual notice must be given, especially to those ■who had previous dealings with the partnership.

The case is governed by Eliason v. Sexton, 105 N. C., 356, and Alexander v. Harkins, 120 N. C., 452.

Affirmed.