Page:Federal Reporter, 1st Series, Volume 5.djvu/760

 748 ���FEDEBAIi BEPOETEB. ���partner in and about the business of a firm is binding upon eaeh and every member of that firm, and it is another gen- erai proposition of law that notice to one of the partners in relatipn to matters whieh are connected with the business of the firm is notice to ail of them. I say to you that one part- ner of a firm, which may own stock in a corporation as a part of the assets of the firm which they have acquired in the regular business of the firm, has the power to represent that stock in ail matters which relate to the stock in the usual management of the business of the firm of which he is a member. About this proposition there can be no doubt, and it is wholly unnecessary for me to refer to authorities upon the question. �And so with the question of notice. If notice is given to one of the partners of a firm of that which is to occur in rela- tion to the business of the firm in its legitimate or ordinary business transactions, that is notice to ail the members of the firm, and they are bound by it. And so one member of the firm, if he has power to act in regard to the meetings of this corporation, and to act for his firm in the meetings, has the power to waive the necessity of the notice to the other mem- bers of the firm, and if he attends and takes part in the meetings of this corporation, and joins in the resolutions and acts of the corporation, the other members of the firm are estopped from denying that they had no individual notice of this meeting, or what was to be done at it. �It is claimed that one of the members of the firm of G. A. M. Damarin & Co. died before said meeting of April le, 1874. That fact alone cannot affect the matter. The surviving partner has a right to the possession of the firm's personal property, and to control and wind up its affairs. It is also said that prior to that date a new partner was admitted into the firm. That might be the case, but unless this stock became part of the assets of the new firm it would not change the relation of the surviving partner of the old firm to the assets of the old firm, nor would it change the power which the surviving partner had over the assets of the old firm. If that new member, by virtue of his introduction into the com- ����