Southern States Supply Co. v. Lyon

92 S.E. 145, 173 N.C. 445, 1917 N.C. LEXIS 320

• Court: Supreme Court of North Carolina
• Decided: April 25, 1917
• Status: Published

Opinion

Clark, 0. J.

It is immaterial when the dissolution of the partnership was made, as it appears that this shipment was made.on 29 July and that the plaintiff, in Columbia, S. 0., received no notice of the dissolution till 8 August after the goods reached Hamlet, N. C., for the statement .from the cashier of the bank in Wadesboro, who was not agent for Lyon, that he thought the order would be good if “0. Kd. by R. P. Lyon,” was not a notice of dissolution, nor a notice from the defendants, but rather an expression of opinion by the cashier tbat Lyon was a limited partner. There was no evidence tbat articles of limited partnership bad been filed and recorded as required by tbe statute. Revisal, 2521 et seq. On tbe contrary, tbe notice of dissolution given 8 August, and tbe advertisement on 12 August, 1914 negative any notice having been given theretofore.

Tbe rule that on dissolution of a partnership personal notice must be given to those having formerly dealt with the firm (and an advertisement made for the public generally) is too well settled to be questioned. The exceptions to the evidence and to the charge require no discussion.

No error.