document, it can only be settled by taking a case into court for a jury to decide; but,

SIGNATURES BY DEPUTY.

6964. One for All.-When a partner, duly authorized to do so, signs or indorses his own name as for and on behalf of the firm, the whole of the partners are undoubtedly responsible; and

6965. Each Separate Name.—If a duly authorized partner, instead of writing the usual title of the firm, signs the individual name of each partner, the firm is equally bound as though all had separately signed.

6966. In Different Places.-When two or more partners carry on business in separate places, in the name of one in one place and of another in another place, the signature of one at the place where he conducts the business will bind the other or others; and

6967. Risk of Separate Arrangements.—Where a partner had a separate business of his own, as well as the partnership business, which was also carried on in his own name, he was held liable for a bill accepted by his partner, though he knew nothing of the transaction, and though it was addressed to him at the place where his separate business alone was carried on.

SIGNATURES BY AUTHORITY.

6968. By the Whole Firm.-If the members of a firm jointly and severally authorize a third person to sign the name of the firm, they are all individually bound by his signature; but,

6969. By One Partner.-If one partner of a firm, without the knowledge or consent of the rest, authorizes a third person to sign generally the name of the firm, then the firm is exonerated, the partner giving the authority being alone responsible; on the other hand,

6970. Under Instructions.—Should a partner in a firm think proper to instruct a clerk or other person to sign the name of the firm to a particular document in his presence, the firm are as fully bound as if the partner had written the signature himself.

GENERAL RESPONSIBILITY.

6971. With or Without Knowledge. As a general rule, a firm is bound by bills and notes, duly accepted or made by any one of the partners in the name of the firm, in relation to transactions of the firm, whether executed with the knowledge or consent of the whole firm or not; yet,

6972. Exceptional Cases.-There are instances where a bill,

drawn upon a firm and accepted by one partner only, in the name of the firm, will not be binding upon the firm, though relating to transactions of the firm; thus,

6973. Contrary to Course.-In a business wherein a bill has never been given, and where the usual course of trade is repugnant to doing business by means of bills, a third party, in taking the acceptance of only one partner, without the knowledge or consent of the other members of the firm, runs great risk of the acceptance being successfully repudiated by the firm; for,

6974. Ordinary Transactions.—In any case, a firm is bound by the individual acts of each partner, only so far as ordinary transactions of the particular business are concerned; therefore,

6975. Out of Contemplation.-Should an individual partner, without the knowledge or consent of the firm, make any purchase, or enter into any contract, or incur any legal responsibility not manifestly contemplated by the partnership, such individual is, and is only, liable to the third party, unless the other partners individually assent to the transaction or afterwards admit their liability; thus,

GUARANTIES.

6976. One Partner Only. It is distinctly decided that a firm is not in the least bound by a guaranty given by one partner only, because it cannot be part of the legitimate business of any firm to guarantee others; yet,

6977. Interest of Firm.-If a guaranty, given by an individual partner, is in the collateral interest of the firm, then the firm will be bound; thus,

6978. Brick-Making.-Two railway contractors, in partnership, could not procure bricks fast enough, because the brick-maker was unable to obtain coal upon his own credit. Consequently, one of the partners gave his guarantee to the coal merchant in respect of coal supplied to the brick-maker. Subsequently the brick-maker failed, and the coal merchant proceeded upon the guaranty against the firm of contractors. The partner who had not joined in the guaranty endeavoured to throw the whole weight of the responsibility upon his partner; but it was decided that, as the giving of the guaranty was manifestly for the immediate advantage of the firm, the firm, in that case, was liable collectively, though one of the partners had neither known of nor assented to the giving of the guaranty.

ARBITRATIONS.

6979. Submission by One Only.-Third persons cannot obtain

rights against one partner, on an award made under a submission to arbitration by another; therefore,

6980. Submission by All.-In all cases of private arbitration, in which a firm of partners is concerned, the arbitration, to be effectual, must be first assented to by each and every partner individually; but

6981. Judge's Orders.—Where an arbitration, in which a firm of partners is concerned, arises out of an action and the consequent order of a judge, then the assent of the partners is not requisite, as they are bound by the judge's order.

PRIVATE DEBTS.

6982. Non-Liability.—It is clearly settled that an individual partner cannot charge the firm with a debt incurred for goods supplied to him on his own private account; and

6983. Separate Order.-Goods ordered in the name of a firm, but delivered to the separate order; or

6984. Separate Residence.-At the separate residence of one of the partners, cannot be effectually charged against the firm; for

6985. Individual Responsibility.-Individual partners are liable separately for all their individual loans, purchases, and acts, apart from and outside the ordinary course of business; but

6986. Benefit of Firm.-Goods supplied, or moneys lent, to one partner of a firm, which can be proved to have been appropriated for the benefit of the firm, are chargeable against all or any of the partners, at the option of the creditor.

MANAGING PARTNERS.

6987. Superior Authority.-In some firms the business is habitually conducted by one or two partners, to the exclusion of the others from any effectual authority, which arrangement may arise out of a course of trade, or by special agreement evidenced by deed; and

6988. Limited Power.--When a firm subsists, with an express or implied understanding that one or more of the partners is not to interfere with the management, the acts and orders of such partner or partners will not bind the firm to purchases and engagements entered into without the knowledge and consent of the managing partners; thus,

6989. Assent of Managers.-Dormant partners, upon sudden disclosure of their relationship to a firm, cannot bind it by making contracts of any kind, unless the managing partners assent; and

EXONERATING NOTICE.

6990. Waiver of Responsibility.-Though there may be no distinction between partners, as to their original authority and usual precedence in the business, yet if any one partner gives notice to a third party, that he will not be liable in respect of transactions with the firm, he is absolved from liabilities to that party arising after such notice; thus,

6991. Non-Liability for Goods.-A partner wrote to a merchant not to supply goods to his firm without his individual signature, and it was decided that he was not liable for goods supplied to the order of the firm after such notice; and

6992. Non-Liability for Bills.-Notice by a partner was given by advertisement, that he would not be liable for drafts drawn by the other partners on the partnership account. The holder of a note of hand, subsequently made by the firm, was proved to have known of the advertisement at the time he took the note, and it was decided that he was not entitled to recover upon the note from the partner who had advertised.

ORDINARY ACTS.

6993. Though some partners are not entitled to bind the firm in respect of special purchases, contracts, and engagements, the firm is fully bound by their personal acts in the ordinary conduct of the business; thus,

6994. Money Received.—The firm is fully accountable for money duly received on account of the firm by one of the partners, vouched for by his receipt, whether such partner accounts to the firm for it or not; but

6995. Private Frauds.—If an individual partner obtains money or goods, or any advantage, from a third party, by means of a fraud which is participated in by the individual partner only, then the firm is not liable, unless the proceeds of the fraud are applied for the advantage of the firm.

DISSOLUTION.

BY NOTICE.

6996. When No Deed.-Partnerships which are not under a deed may be dissolved by any one partner by notice to the other or others; and

UNDER DEEDS.

6997. Fraud.-Though a partnership may be based upon a deed, implying the most solemn obligations in any event whatsoever, yet the deed is worthless to bind the partnership in the event of a discovery of anything in the nature of fraud;

or

6998. In the Deed.-Either in the deed itself; or

6999. Circumstances.-Any of the accompanying circumstances;

7000. Subsequent Events.-In any subsequent transaction between the partners; otherwise,

7001. According to Deed.-When a partnership is under a deed, and there is no fraud, dissolution can only be effected as provided by the deed, or otherwise by the mutual consent of all the partners; thus, 7002. Stated Term.-If a deed specifies that a partnership shall continue for a stated term, it must so continue, unless there is a flagrant breach of some other stipulation, by one or more of the partners; and

7003. Against Delinquent Only.-A breach of a partnership stipulation will not entitle the partner who commits the breach to a dissolution at his own motion; while

7004. Waiver by Common Consent.-The tacit consent of all the partners to habitual disregard of the stipulations of their deed will set aside the deed, so far as those particular stipulations are concerned, but no further.

7005. Felony.-If a partner is convicted of felony, a dissolution of the partnership may or may not take place at the option of the other partners.

7006. Warfare.—In cases of partnership between two persons in different countries, the breaking out of actual warfare between the respective countries is tantamount to a dissolution.

7007. Marriage.-When an unmarried woman is a partner, her marriage, if there is not a settlement (2165), absolutely dissolves the partnership, no matter what stipulation there may be in the deed as to time or otherwise; therefore,

7008. By Arrangement with Husband.-If a woman who is a partner in a firm marries, the joint partnership must be continued by making new arrangements, by deed or otherwise, between the other partner or partners and the newly married husband; or

7009. By Settlement.-A married woman may be qualified to continue or join in a partnership, provided the property in respect thereof be duly tied on her, either by a settlement made in considera