Bevan v Lewis. Stokes v Whittaker
| Jurisdiction | England & Wales |
| Judgment Date | 08 May 1827 |
| Date | 08 May 1827 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 618
HIGH COURT OF CHANCERY
Partnership.
[376] bevan v. lewis. stokes v. whittakee. May 8, 1827. Partnership. If a partner borrows a sum of money, and gives his own security only for it, it does not become a partnership debt by being applied for partnership purposes, with the knowledge of the other partner. Commission of Bankrupt.-No objection can be taken to the validity of a commission of bankrupt, unless the requisite notice be given, although the objection appears upon the proceedings and requires no evidence to support it. Practice.-A. Defendant in a suit by the assignees of a bankrupt cannot object to the bill as not having been filed with the consent of the creditors, unless the objection is made by the answer. The bill stated that, by the articles of partnership between the Plaintiff Bevan and the Defendant Lewis, dated the 29th of March 1823, they agreed to become partners, as linen drapers, for six years, from the 29th of March then next: that the trade should be carried on at Lewis's shop in Holborn: that, for the purpose of forming a capital for carrying on the business, Lewis should bring into the partnership 500, including what he had expended in purchasing the premises and fitting up the shop: that neither of the partners should, with-[377]-out the consent of the other, draw or accept any bill of exchange, or promissory note, or contract any debt on account of the partnership, except in the regular course of business, or assign 1 SIM. . BEVAN V. LEWIS 619 over his share of the partnership effects, or become bail or security for any person, or do any act by which the partnership effects might be seized or taken in execution : that, if either of the parties should act contrary to the articles, the other should be at liberty to dissolve the partnership, by giving notice in writing to the offending partner; and that, at the expiration or other sooner determination of the partnership, the partnership debts should be paid, the capital of the partners repaid with interest, and the clear surplus of the monies belonging to the partnership be equally divided between the partners. The bill further stated that the partnership was entered upon pursuant to the provisions of this indenture: that Lewis, unknown to the Plaintiff, executed a warrant of attorney, dated the 24th of December 1822, to confess judgment against him, Lewis, in K.B., at the suit of the Defendant Siely, for 500...
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