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Joseph Kimbro, Plaintiff in Error, v. Cuthbert Bullitt, Thomas D. Miller, and Lloyd D. Addison, Partners in Trade under the name and style of Bullitt, Miller, and Co. U.S. 256 (1860)

handle is hein.slavery/ussccases0179 and id is 1 raw text is: SUPREME COURT. Kimbro v. BllW et al. dependent upon it. He was, therefore, wholly disinterested in the matter, and well situated to act s the friend of all parties in the settlement. As we have already stated, before the commencement of the suit, he refused to be connected with it, unless the complain- ant should be pdrmitted to have a substdtntial interest in the estate, and repudiated the arrangement by which he was to receive only $10,000. After the recovery, and in the settle- ment among the parties, he stood firmly by this original understanding, and insisted that he should have a double share. So far as appear from the evidence, it is entirely owing to the sense of justice and firmness of Judge Campbell (the solicitor) that .the complainant is now in the possession and enjoyment of some $100,000 of his patrimonial inherit- ance, instead of the $10,000 for which he himself had stipu- lated. Tle decree of the court below is affirmed. JOSEPH KIMBItO, PLAINTIFF IN ERROR, V. CUTHBERT BULLITT, THOMAS D. MILLER, AND LLOYD D. ADDISON, PARTNERS IM TRADE UNDER THE NAME AND STYL oF BULLIRT, MBLDI, & Co. Where biliskof exchange were drawn by the principal acting partner of h firm in the name of the firm, all the partners were responsible. Whenever thare are written articles of agreement between the partgers, their power and authority, inter se, are to be ascertained and regulated by the terms and- conditions of the written stipulations. But, independently of any such stipulations, each partner possesses an .qual and general power and authority, in behalf of the firm, to transact any business within the scope hnd objects of the partnership, and in the course of its trade and business. Where partnerships are formed for the mere purpose of farming, one partner does not posess the right, 'without the consent of his associates, to draw or accept bills of exchange, fbr the reason that such a practie is not usual, nor is it necessary ibr carrying on the farming businss. - In the present case, the jury found that this was a trading hrm, and their verdict is conelwive. The right of the, acceptors, who had paid the money, to recover 1'rdm the drawero, cannoi be ailected.by the fact that one of the drawers had applied the money to an unlawfl purpose.

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