Page:North Dakota Reports (vol. 1).pdf/569



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Proper parties defendant in action to enjoin sale of lands for taxes. ''Bode v. N. E. Inv. Co., 121''.

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The owners of three steamers operated them jointly or their own benefit, under the name “Benton Line.” Held, that they were all liable as partners or joint traders on a contract of affreightment made by their authorized agent in such name of “Benton Line” to c goods in place of one of such boats. It seems that by operating such boats jointly in such a manner for two seasons the owners would have rendered themselves liable as partners or joint traders even though they had not been such in fact. Braithwaite v. Power, 455.

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A member of a partnership engaged in the banking business has no authority by virtue of his partnership relation, to guaranty in the firm name commercial paper for the benefit or accomodation of third parties; and the firm would not be bound by such guaranty, in the absence of the showing of specific authority, or an authority to be implied from previous course of business between the parties, or subsequent ratification of the act by other partners. Clarke v. Wallace, 404.

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One member of a firm has no authority to bind his firm by a guaranty of commercial paper of a third party, even when such firm is interested in the transaction, unless such guaranty is necessary for carrying on the business of the firm in the ordinary way. Id.

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Where one member of a firm, without the knowledge or consent of his copartners, in consideration of receiving security on a firm debt, guaranteed the note of the debtor to a third party, in an amount several times greater than the debt to be secured, held, that the other members of the firm were not bound by such guaranty. Id.

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One of three defendants having died pendente lite, and his administrator having been substituted, and having voluntarily appeared and defended the action, and no objection having been raised by any of the defendants to such a course until after trial and verdict, held, this court would not on appeal of surviving defendants reverse judgment against all the defendants when the portion thereof relating to the administrator provides that the judgment against him shall be paid only in due course of administration. Braithwaite v. Power, 455.