Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-03-17

could be collected by law and he that would
avail himself of the law to get rid of such
debt need not be told that he is dishonest;--he
knows it already. And yet how many make
the law their standard of morals in money mat
tiers! If they can get rid Of debt by some
quirk of the law, or some mistake or omission
in the papers, they feel themselves released.
May we be delivered from such honesty as
this
III. Promises are not binding in some cases,
where they are made in error, or on suppo-
sition which proves to be false. For instance;
if client makes false or unfair representation
ofhis cause to an attorney, on which statement
he promises to undertake the case, the lawyer
is not morally bound to fulfil his word; because
the condition on which he promised was false
Again: A. buys piece of land from B. at ten
dollars an acre, and after giving his note finds
he can obtain no title to the property If he pays
for it he is not morally bound to pay, the
consideration having failed. But suppose there
is no difficulty in the title, but on examination
the land is found TO be worth but two dollars
per acre, he is bound to pay the ten, because
the intrinsic value of the property was not a
condition of the contract. In this case the
doctrine of the text would apply with full force:
"He that sweareth TO his own hurt, and chang
eth not" There would be an exception, how
ever, to this rule, if fraud has been practised
on the purchaser. The rule that ought to
govern all such cases, is this: If the condition
or supposition on which the contract is made
be fairly understood by the parties, and it fail,
the promise is void; if it does not fail, the
promise is good.
". Lastly, Contracts are rendered void in
some cases by the failure Of the opposite party
to perform his part of the contract. By con-
tract, we mean mutual promise; where one
person promises to do certain thing on con-
dition that another person does something
else specified in the bargain. Now suppose,
l promise to take walk with friend at
certain hour, and before the time arrives, ne
declines taking the walk; ] am free from my
promise. A. promises to pay B. so much for
load of corn delivered at his door. If B fails
to deliver it, A owes him nothing. Suppose
three men form copartnership in the mer-
camille business, each one puts in SO much
stock, and they enter into written articles of
agreement: if one of the partners choose to
withdraw from the concern before they COM
mence business or incur any liabilities, the
other two are released from their obligation
to proceed with the business. 1t is now dis
cretionary with them to form new partner
ship, or abandon the project.
But suppose A. B. c. D, e. E, enter INTO a
co-partnership in the same line. A, is worth
5000 dolls, B, 10000, c, 10000 &c. Having
bound themselves together, by suitable obi
cations, they commence business, and after
mourning liabilities to the amount of 100000
dollars at the north or elsewhere, the house
fails, and is compelled to wind up. Now what
is the nature oftheir obligation! Tit evidently
} Of two fold character. 1st. They are sew
orally bound to each other, by their mutual
agreement among themselves, TO pay the debts
of the concern in proportion to the amount Of
y stock each put In: But 2nd, each man is
!, bound to the full extent of his estate, for the
e payment of all the debts of the firm. They were
e credited as one body. Their creditors have
claim on each and every one of them for the
: whole amount, while the partners have aclaim
: on each other for their share. Now to apply
the rule. VIII the failure of one or more of
: these partners to bear his part of the liabili
n ties Of the house, eXonerate the others from
e their responsibility for the whole of the debts!
id Assuredly not. Suppose A. CANDLES off his
b. money; B sells off all his property before judg-
If ment is obtained-and c.. runs away with all
D. his goods and chattels; does the dishonesty of
I'll A. B &C. release D AMI E Fl Jm an obligation
10 to pay the whole! By no means; They are
bound for every dollar: and even if u, proves
to insolvent, and c alone is good, the money can
or be made out of him. He is legally and NOR
b. ally bound for all the debts. But is not this
on a "hard easel" Truly it is: it is sad misfor-
on tune to fall into the hands Of dishonest men;
. but the law makes it the misfortune of the
ch debtor and not of the creditor. and So think,
10 does conscience. If my partner in business
deceives me, and inficts wrong upon me,
lct this gives me no right to infiict wrong on
I it third party, who had nothing to do with the
est partnership. 1t was risk that | voluntarily
en- underwent, when selected my partners: it
he was mine, and not his. who trusted our hon.
st? esty and solvency. The rule above mentioned
VIZ: "a contract is made void In some cases by
raj failure of the opposite party to perform his
t. part" does not apply to this case; for the prom
ain Use of the firm was not on condition that eael
,e; one of the partners would do hispsrt; but tina
he they as ore body, would pay the whole.
full have been thus specific on this point, because
is it is the principle that governs all joint stool
companies. Each one is bound to the other
the for the performance of his part, and they eacl
to and every one, are bound 10 their creditor
md for all the debts of the concern. And the oh
or legation IS still stronger in a moral point c
Fad view, if in order to obtain credit, they hav
use on the very. face of their promissory notes
rty made their 3INDIyIDUAI. PROPERTY LIABLE.
ca To conelude--If promises are so saeredl
the binding, we ought to be very cautious how W
ght make them; and having made them, we shoul
lim be extremely careful how we violate them.
ing
full G We hear frequent complaints from sui
nm scribers to the Argus, that it does not 90 reg
,ent larly to someofth post offices wkeretis take
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