JUDGMENT AGAINST PARTNERS

Gisborne Times, Volume XXXVII, Issue 3505, 3 December 1913, Page 2

JUDGMENT AGAINST PARTNERS

INTERESTING LEGAL DECISION. ' [PRESS ASSOCIATION TELEGRAM! AUCKLAND, Dee. 2. His Honor Air Justice Cooper todays gave reserved judgment on a question of law in the cased’ Henry Smith v. E. R. Spriggs and G. H. Latter, of Sydney, trading together in co-part-nership under the style of E. R. Spriggs and Co. The claim against the defendants was. for £lsl 13s 4d, damages for non-delivery of a consignment of paspahun seed and legal difficulty' arose over the fact that oniv the defendant Spriggs had been sew-' ed with the writ. The contract, said His Honor, was a joint one made by tlie joint agent of the two defendants. The material question arose whether, under these circumstances, any judgment could be given against Spriggs alone. It was admitted that tlie service of Spriggs was not sufficient service to justify judgment against both defendants or against the firm. The contract made on behalf of the firm was not binding on any one member of tlie partnership separately, but only on all the members jointly, unless an individual, by holding himself out as the only member, or by contract, bound himself separately from his co-partners as wch as jointly with them. After quoting several authorities,-his Honor expressed tlie opinion that m the present case tlie Court could not give judgment- against Spriggs personally upon an action founded on a breach of contract, which did not bind him. separately, but only jointly with the latter —an action in which, moreover, he was not sued individually,.but. only as joint contractor. If reasonable, but unsuccessful, efforts were made to serve the latter the tide authorising procedure without service might perhaps apply. At present, however, plaintiff was not entitled to judgment against Spriggs.