Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-06-14

Opinions of the SupreEse COurt of the Stase
OF Tennessee, az HaNhviIIe. December
Term, 1855.

OF Tennessee, al NaSaviIIe. DecemBsl
Term. 1855
! Houeh and Price vs.. Chs fHn and 6iullet
This BY appeal from the ehSncery Law
reneehurg The o. eonsroEvrsy aIde
parties has already been twice before ts Court Most Of h
tosge given, found snerl, page ard n An sneef
page ss At the las. denur-e The present bI Va
answered. and the bill has been taken Tor confessed against Gu
The main proof in the that which usa In The
law with exhld and the record Of Chaneery suit between e
defendants, chAfin and Gullet--
set up IN the bi win tue o. one snu ma Ter aacenR
Of the Questions raised in me pleass And upon
anants Iss-That the defendant Chan represented that G
property se By him free from Liens q ever description,
property under lien for pasnsr.h
debts Of Chaan and Gust that said property under
ants Of Indemnity ora their principal destroyed.
That Chan a the time thy sSeaei ne sear11y Pronel
perform The ma Service out or which the money was
70 arise dishae the DEBT guarAne which promise it i said
Iis sid sis that there were ceaE amounts received By
should ee crede upon the debt gnsrahi and not
aIlOssd y The ehsnesllo i also said tat he
decree Of the Chancellor (Which for DESCENDANT CA} saa
have permitted csDplaaans to proceed with thu litigation
law and not have finally soneluisd them And said further
that the reference 20 the Clerk and Master OTepO nsanter
In July, Is7 ohan and Guet as partners engaged for
$500 year 70 carry the 1ai from CeuHlba 70 BoiyAr- In
April sis they made partial dissolution o. their partnership
and divided the cOsches herses &C besseen them By the
dissolution, which
the mail the end % the road towa cenrb Outlet en-
l
S25O0, property remain liable for Ire rr
nsrship deh In this fashion they keps up mail rsutes
the sl Of Octnber ls Ch&n sod 70 Outlet hs
stock OF horses coaches &c, and lin up The mail
route with ne right TO receive TIE vho o. Me Compensation
cash. and $500 IN quarter yearly yments fut ez
peted to be able make cut sf his from the Post
0hee Department Gulles did have the cssh AMI Chan
required not only that, bat security the residue, we'll in
rast. me property soId vas let IN Gueis poesp an
understanding however, that the title 2, remain hi
chan until the terms Of sale shegd be complied with S5CO
OF the purchase money PAID within few days. the $500
not Psid until the 9Th Of DseenheF ls4s In the meantime
Outlet had Eegada sale Of portion Of the property thus
him Aough Price slwsre sail eonrsctors on ob
ton o Ii. rous Price aaS sgeS on s t S iod a & aEo
l345 oaing with Outlet sissed guaranty 70 Chan f ne
the 9Th December ls45 made payment to Csfn Of t -
due of the smOunt he to reciviu cash Prom this last date
route let Price Hough Outlet another portion Of Il TO
one Patrick Theline O. coaches thus kept running by these
sie WREN Price Hoazh took of tsr coaches from an E &
& iSa SP q 3 Tas G Ss s 5'5Fs e s q SeH ( s
Ievyiug Guets coaches horses &C. broke 10 h
line G1t abandoned the business and beng unae to get any
payment from tie United States made none 70 Chan nor did
Tne only proof Of Misrepresentation by Cbsia in r q,
the existence and lien Of tie partnership debts Is 10 BE- @ n
he Chifin, H5agh Thoalas (sgent f5r Pc, @
present at The signing o the guaranty Thollas aid 10 C
be reeoeete that the trade been suspended from it a.
tOber until early in December GHllet being Or m
property, hut Chain retaining the title until ts cb vf
eOmpleteds and security for sa3C0 shonJ os
tais ggssi,en a. 4sd anseT be spPei to ChaH e7g up
deposition. lie asked: 'Dl Chaa reus 10 deliver ts
his he answers sChafn said te properly was eJ u % ito 10
the guaranty signed thus connecting these two ia
stlnces Ag gin Thomas slys his dpo,ioT Il hing CbsG5
Wasdissasded til tiond given, and afer il was eiv be
vas saiisea and set np no iurher claim 70 The Prop
that claimed Hen foV talanee Of The cash Famen
usion was made By any one to The partnership debts ana is
not oesved u5 the expressions the property is ele
intended 70 embrace ITEM There was then msrepresenta
Was there concealmentl To prove this the fact that tb
were at the time many partnership debts in existence.
nothing said about them is rslie en- together will n 8 -
were 10 remain firm debts which OF e. IA
said not communicated to Price and Hough insisted 49,
who we're about to become sureties Of Gulist
Itmay be remarked that no ihquir made By eompanants
upon this subject. and that hary to he SUPPOSED FROM o.
nature Of the business in which Chan Gae ai Ien en-
gagged that they without such debts Price and h we're
themselves mail eOnTetor and kneE that business a car
rie on in tbs country almost necessarily involved the creation
Of The witnesses proves Price at least was Of
the existence Of such debts and expressed no dssatisfcon
] at it.
But does every omission state fact which ay have an
aueee upon the interest Of ud7
Is il fraud in merchant
OF his debts, unless ineate aueipsiou OF in
solveney7 Is it fraud in who personal security
showing ha the principal Is largely iddebte that he does
inform the surety OF this actf Is thcr auhov 70
requires security that he bound surety of te
existence and extent OF partnership dbtsl We appeend
sale Of one partner another, u thai Cha uIet we're
each individually owners Of The property rsspeeiiyey their
which we will speak peseng) there would be lien and
How does e reservatiSa in Tie articles Of dissolution affect
the question II This paper in i amounted
then the secret reservation without regsraton invalid
purchasers no manner aeci conl
Panants ~ dd not amount TO dissolution then Il would
leave them still partners It would bs PARTNER 70
the oiT upon which The or0ary rule Of Law apply
this rule certainly not naled Upon The enecs o.
y one partner to the oe We have alriy conmenc And
in the opinion Of the Court these parties, Cain ard GEe
remained partner up to the sale to iloug & Price They
erty still ie subject to the partnership de, their altue
to the world m tie though they might have changed
! their will and mode Of dividing profits $500
Again. what injury fave the copilnan from this
equally upon the property, aold have
heen sold from hen for certainly GGllst liable fer them al
Something has said argument upon portion Of the
opinion Of the Court al the LAST @ In that opinion is said
Oherl that there Hed warranty. and at the corsump
about failure consideration whish would euure 10 I,in
through Outlet The result position is only that II
with Chain that boc Gaie ani his greties could nave ne
Of it. But ass matter though th5 pro
chaln Gullet under Chains Wsyneforo
for settlement Of their partnership affairs Cuet siill und
there Is nothing Heug Price Whist
70 tat pp iSn eS S il ls S 81 az T ggns
consdesatioh in the p4rteuur view,
sureties might avail tseseIv though would avail eu
let. fsehood, Tor Instance, might haze released he sues
IA very seriously urged however ta chaai7
IL Outlet asd that tie stock horses, SC shaid re
mAia on the ros 50 hat the government contract might be
out and thus ae ned with which psg ChAn.
It's that When The guaranty sni, Outlet Ake
by cOmpanant agent whether il he Gullet failed carry
his contract with the governments the property should remain
the road. Gullet thatt shpad. Chan pres
ent ard heard this promise complaiants that h
esced in and bound by ~ IN is whole ton
70 have been little, suspicion that Gnllet would fad
the mail suspicion in any way at cre tors would
interfere the line MY then should CHaan hive
spoken protect himself from atiJ Gullst hi hesos
ownerand controllers property IT 4hs the Ri
nary CONTINGENCIES In his a, Of len6 nare lost rsodor
debt against these Hough Price 10 not undertake 10
satisfied BY the promise OF Outlet,
the from the road tat IL he Gls
sne one also might employed % te a. There
possibility might not be ahie % keep this promise
through action the partnership creditors, and -
that Chsn though not otherwise toin By Outlet promise,
should have disclosed possibility. Tlsi3 ~ stou0f con
csamentn another for ana tat ls rn already su1centy
considered. l.ClH
m the absence Of falsetood c0nceznen or broken
promses y Chain il would sem that there little in
The There would t. idea os this nd
the minds Of nsinass, that though Cnafin
lively Eisrepressnt conceal, legal sense ans
direct promise that still his attitude in regard properly
and the mail line such that any active taken b.
him 70 break up the 20 Drecpt4te the sale Of ts other
would have been fraud which should Fepel from Court q
rights This of the wouI deserve grave ooneaoa
II the facts sGsanedit, but it wholly unsaste
Chan proved TO have used much xeon to keep me s
quetng creditors, inducing drivers continue tne sF'
aue even advancing little money. His bill nled az "5
horo. conservative both 90 himself d 70 1ntisl
it enoinsd the individual creditors, who were leEyng aa
spur the creditors. 70 enou the
aldto have sssemsnt Of the partnership accounts vas ne s''