Assong v. Shoughing

Hawaii Supreme Court

Assong v. Shoughing

1 Haw. 108

DecidedJuly 15, 1853

StatusPublished

This text of 1 Haw. 108 (Assong v. Shoughing) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Assong v. Shoughing, 1 Haw. 108 (haw 1853).

Pincite

Opinion

Chief Justice Lee

charged the jury that one partner had no right, as a general rule, to pay his debts with partnership property, because it was going beyond the scope of the partnership business — it was a misapplication of the partnership effects, which no member of the firm could make without the consent of all the other members; and in such cases the creditors dealing with the partner, and knowing the circumstances, will be deemed to act mala fide — in fraud of the partnership, and the transaction wilt be treated as a nullity.

Mr. Montgomery and Mr. Blair, for plaintiff. Mr. Bates for defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Chief Justice Lee

charged the jury that one partner had no right, as a general rule, to pay his debts with partnership property, because it was going beyond the scope of the partnership business — it was a misapplication of the partnership effects, which no member of the firm could make without the consent of all the other members; and in such cases the creditors dealing with the partner, and knowing the circumstances, will be deemed to act mala fide — in fraud of the partnership, and the transaction wilt be treated as a nullity.

Mr. Montgomery and Mr. Blair, for plaintiff. Mr. Bates for defendant.

Cite This Page — Counsel Stack

Bluebook (online)

1 Haw. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/assong-v-shoughing-haw-1853.