The Scope and Subject-Matter

firm, partner, rep and am

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Partnership lands are liable for firm debts prior tote claim of the widow or heirs of a decease partner ; Clay v. Freeman, 118 U. S. 97, Sup. Ct. 964, 30 L. Ed. 104. Aft er liquid on, the lands or their surplus pro ceeds pass as real estate; Campbell v. Camp bell, 30 N. J. Eq. 415 ; Buckley v. Buckley, 11 Barb. (N. Y.) 43 ; Appeal of Foster, 74 Pa. 391, 15 Am. Rep. 553 ; upon a dissolu tion the equitable title to land passes to the surviving partner`, Clay v. Field, 34 Fed. 375 ; Weld v. Mfg. Co., 86 Wis. 552, 57 N. W. 374; Williams v. Whedon, 109 N. Y. 333, 16 N. E. 365, 4 Am. St. Rep. 460.

If one partner buys land with firm money and takes title in his own name, a resulting trust arises to the firm ; Rice v. Pennypack , er, 5 Houst. (Del.) 279; Fairchild :v. Faii child, 64 N. Y. 471; Riddle v. Whitehill, 135 U. S. 621, 10 Sup. Ct. 924, 34 L. Ed. 282; Pepper v. Thomas, 85 Ky. 539, 4 S. W. 297. No length of possession by one partner of real estate paid for with partnership funds and conveyed to him, bars the other part ners ; Riddle v. Whitehill, 135 U. S. 621, 10 Sup. Ct. 924, 34 L. Ed. 282. A deed made to a partnership as grantee in the firm name, vests in the individual partners the power to convey; 8 C. C. App. 600.; Kelley v. Bourne, 15 Or. 476, 16, Pac. 40; but it has been held that such a conveyance vests title only in the partner whose name appears in the firm name; Arthur v. Weston, 22 Mo. 378. In

Pennsylvania, so far as third parties with out notice are concerned, the title of the firm must appear of record; Warriner v. Mitchell, 128 Pa. 153, 18 Atl. 337. As to partnership realty, see Yorks v. Tozer, 59 Minn. 78, 60 N. W. 846, 28 L. R. A. 86, 50 Am. St. Rep. 395; Galbraith v. Tracy, 153 Ill. 54, 38 N. E. 937, 28 L. R. A. 129, 46 Am. St. Rep. 867; Goldthwaite v. Janney, 102 Ala. 431, 15 South. 560, 28 L. R. A. 161, 48 Am. St. Rep. 56; Robinson Bk. v. Miller, 153 Ill. 244, 38 N. E. 1078, 27 L. R. A. 449, 46 Am. St. Rep. 883.

Profits made by a member of a firm through individual outside transactions do not belong to the firm, though he employs therein the, skill and information acquired by him as a member thereof ; Latta v. Kil bourn, 150 U. S. 524, 14 Sup. Ct. 201, 37 L. Ed. 1169. Nor do they when made with the consent of the firm which receives a commis sion on them ; Davis v. Darling, 80 Hun 299, 30 N. Y. Supp. 321; but if a partner avails himself of information obtained by him in the firm business, and uses it for any pur poses within the scope of the firm business, or in competition with the firm in its busi ness, is liable to account to it for the profits made by him ; [1891]. 2 Ch. 244.

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