Hawaii Supreme Court, 1853

Assong v. Shoughing

Assong v. Shoughing
Hawaii Supreme Court · Decided July 15, 1853 · Lee
1 Haw. 108

Assong v. Shoughing

Opinion of the Court

Chief Justice Lee

charged the jury that one partner had no right, as a general rule, to pay his debts with partnership property, because it was going beyond the scope of the partnership business — it was a misapplication of the partnership effects, which no member of the firm could make without the consent of all the other members; and in such cases the creditors dealing with the partner, and knowing the circumstances, will be deemed to act mala fide — in fraud of the partnership, and the transaction wilt be treated as a nullity.

Mr. Montgomery and Mr. Blair, for plaintiff. Mr. Bates for defendant.

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