Poole v. Gist & Roddy
Poole v. Gist & Roddy
Opinion of the Court
Curia, per
It may be admitted that in general the obligation which the law imposes on an attorney in respect to his client is discharged by prosecuting his cause toan end which would s.eem to exclude theideathat the receipt of his clients money constituted any part of his official duty. Com. Dig. Tit. Attorney, B. 9.10. And hence the objection which is now raised; and I think it a reasonable conclusion that an action would not, unless
The ground most relied on and which has heen urged with great zeal arises out of the receipt of the money by Roddy, after the dissolution of copartnership. It is founded on the well understood rule, that after the dissolution of copartnership one of the partners can do no act which will charge the firm. But the rule has been used on this occasion without regard to the exceptions and qualifications which necessarily arises out of the connection of partners. Accidental and inevitable circumstances, or the mere will of the parties may put an end to the copartnesship in a sudden and unexpected manner, and although as between them the copartnership may be dissolved, the power of discharging the obligations that they have incurred in that relation and of settling all their concerns must of necessity remain, and for these purposes as to all the world they must continue to be partners. Gow. on Partnership, 286-7. 311. Let us by way of illustration take the case of partners engaged in business as common carriers who undertake the transportation of goods and after the receipt of the goods and before they are transported they think proper to dissolve the copart-nership, and one of them embezzles the goods, here the goods deposited with them was on their joint credit and
New trial refused..
Case-law data current through December 31, 2025. Source: CourtListener bulk data.