The New York herald., 1867-03-09
cunnou pLsAs-spEclAL TERM.

1Ae Noional Bosk Of Baltimore us Sacke and oAers-
- desndants' nrn N the absence Of OF its
bss who had absconded executed general assignment
Cor the beDent Of credtors The plaintiffs in this suit
sAim that this assignment Is void the ground that
ns partner had mot executed IT. and procured an In
lnAction and receiver motion made 10 dissolve
Mis- injunction, which granted on the ground that
ne following . tbs dpsnlon Of Judge cnrdoso:-
s IN the S.s . % %
ay Be valid although not executed by all the partners,
= sathonty u the psrsucrs executing y has either
xsiiy Va Bsisr. q Hiii. ssi ) Roberts W ".
Gs ssn m c a sasns e
whore the nonexecutiag partner s present es cases
WsIter W schlefsr, =. n smith, 7o7I Third, That
nsss absence unaccoapanied by any other circum-
y. s not Imply % s
Cssrt q Appsas Dec te0l, ciied In wses March,
slprsl Fourth, That tsssmIsnsy abscondng from tho
ooousry, leaving . letter authorizing the Remaining
Ssrsns 70 close up The bosssss and stat nE that the
nsrsss Of the abscoDder thereby assigned TO them,
rsrinersnp sneoss lwelIes VS. March, Supra Kelly Va
baker supra and also sst suah fraudulent ascoDd-
- he Ike eject and sussun,s 70 an spssdon.
neat II the managrmeot aud .depcs,iion Of the
sn. property f.l%ss y 1d,s ksss sap~i a.s',ns sSrs
- sSssso. now pressseS esseptssr tie decisions q
This co.rs In Adams Recssver @e Hosgeton General
sla1uis OF 1880 respertng assanments required that
ihsy sbould DO acknowledged ~ tho -a'suor Cook
Kelly, II Abb, l60) asagnment could not be exc.
euted by an attorney In u tho and behalf
o. his principal But after carsul consideration have
eencudcd .nat giving full eject 70 that decsion as
couno should and would do, does notapply 70 the
pressut case. II should, tbiuk DO applied and only
sxtcnds such assignments cannot DO upoid unloss
executed b. all the partner-as In the cass OF all OF
Hbem being here, or Of more absence OF one OF
Them In sthcr words It relates % G.s form
end rpanno in which the sssignmert must
- executed soy those who are necessary parti 90
70 H. bu doesot affect the que oacf vino ihoss neces-
necessary partss 10 the instrunent and In this and
similar O. ink the assignment does not need TO be
esxecussd by tho name OF tho absconder AID Is
naming IN charge OF the business n the absconiag OF
partner only has the effect 10 give. by kDplicafior,
power 10 fs copsE ners 70 nct in hi name should be
express pog or was sulcicp 90 up<old inkoyont
assignment nm npked certainly could not be, aEf
IL would praEcnt where oEug - tie jscondasi
Of osa Of the rartners the nm soad es 3D., o1s
e6ccloi absc< nding,as Will be found " carsun sx
animation Of the clss mentioned, is. and think
ahouldic cxtesfed IL " 70 wee. 70 tnoss VINO Eman %
names inc same as ir ttt sbscondng pa1ner had no
further !nercsI ~ IL Tct art though not fk,nen ms
rsc1e, bnts him; and All assignment executed py tham
eMsctuallv pas the title OF the properly OF uAe
patncrshp although his is not shised ~ ~ "
sened nv ~ ntlortsy In factor oiherSise Toe aoan
dominant authorizes Tho rcmairing partners 70 eSsoue
the asssgnmcnt and tlts crecl.ed - eonveys ~ ny
language covcrs IT, thu whole partnership properly. ~
these yisss be csrfect <hc assignment % caecuisn ~
this case passed the whole parfnsrship property sno
having ben d"y persoss aekncwIsageu uy ,ne nv crs
e1mstanrss 10 trnnefer the title, u not amenaoo
spy objection OF tie character covered ~ the defisIon IN
ADAMS, receiver VS. Ihs oeer po,ys -.
upon does not 10 mo 10 rcquirs SDy espeoa Ie
MARI. rho iujnastion should ~ dissolsnd Inc coso
may ebidc iDe event Of ihe acIan ~v< rNn M.M