FIRM. The persons composing a part nership, taken collectively.
The name or title under which the mem bers of a partnership transact business.
The word is used as synonymous with partner ship. The words "house," "concern," and com pany" are also used in the same sense. This name is in point of law conventional, and applicable only to the persons who, on each particular occasion when the name is used, are members of the firm. A firm is usually described, in legal proceedings, as certain persons trading or carrying on business under and using the name, style, and firm of, etc. See 9 Q.
B. 361; 9 Macs. & W. Exch. 347; 1 Cbitt. Bail. 49.
2. It may be that the names of all the members of the partnership appear in the name or style of the firm, or that the names of only a part appear, with the addition of " and company," or other words indicating a participation of others, as partners, in the business, 16 Pick. Mass. 428, 429, or that the name of only one of the partners, without such addition, is the name of the firm. It some times happens that the name of neither of the partners appears in the style of the firm.
The proper style of the firm is frequently agreed upon in the partnership articles; and where this is the case, it becomes the duty of every partner, in signing papers for the firm, to employ the exact name agreed upon. Collyer, Partn, 215 ; Story, Partn. 202. This may be necessary, not only to bind the firm itself, Story, Partn. 102, but also to prevent the partner signing from incurring a personal liability both to third persons and to his co partners. Collyer, Partn. 215; Story, Partn.
102, 202; 2 Jac. & W. Ch. 268 ; 11 Ad. & E. 339; Pothier, Partn. nn. 100, 101.
3. So, the name which a partnership as sume, recognize, and publicly use becomes the legitimate name and style of the firm, not less so than if it had been adopted by the articles of copartnership, 2 Pet. 186, 198 ; and a partner has no implied authority to bind the firm by any other than the firm name thus acquired. 9 Mees. & W. Exch. 284. Wherefore, where a firm consisted of