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entitled to a more distinct notice of the dissolution, which is generally given by means of a circular addressed to each of them. Every precaution, such as having the name erased from the door, checks, printed bills, or other place where the joint names appear, should be used by a party retiring from a partnership, especially where the business of the partnership is intended to be carried on by any of the partners alone.
This precaution is necessary, in order to avoid that liability which a retiring partner would incur towards those persons who, having known of the existence of the partnership, should deal with any of its members after a dissolution, in ignorance that the partnership had been determined.
Whether a court of equity will entertain a bill by one partner against the others for an account of the partnership transactions which does not pray a dissolution of the partnership, is a point upon which some difference of opinion appears to have been entertained. In July 1830, the Vice-Chancellor allowed a demurrer to a bill for an account because a dissolution was not prayed; but in the following February before that case was reported, a decree was made at the rolls,& by Sir John Leach, for an account, although the bill contained no prayer for a dissolution of the partnership; but he refused to make any order for carrying on the partnership business, unless with a view to a dissolution. As the decision in the case of Loscomb v. Russell does not appear to have been known by the Master of the Rolls at the time he gave his judgment, and it has
a Barfoot v. Goodal, 3 Camp. 149; Jenkins v. Blizard, 1 Stark. 418.
• Williams v. Keats, 2 Stark. 290 ; Dolman v. Orchard, 2 Car. and P.,104 ; Parkins v. Carruthers, 3 Esp. 248.
f Loscomb v. Russell, 4 Sim. 8.
been since followed in the Exchequer, it must be considered as entitled to the most weight. Unless it is otherwise provided by the terms of the copartnership, the partners, after a dissolution in their lifetime, or the executors of a deceased partner, are entitled to have the value of the partnership effects ascertained by a sale, and cannot be compelled to submit their rights to a valuation.
After the determination of a partnership between professional men, either party is at liberty to continue his own exertions, unless restrained from doing so by express stipulation.
If, after a dissolution, any of the former customers of the partnership should become indebted to one of the partners, and should make any payments to such partner without any direction as to their application to his private account, such partner would, it appears, be bound to appropriate them, in the first instance, to the satisfaction of the balance due to the dissolved partnership.'
POWERS OF ATTORNEY.
POWER OF ATTORNEY TO PROSECUTE AN ACTION IN
To all to whom these presents shall come, A. B., of the town of B., in the county of S., within that part of the United Kingdom of Great Britain and Ireland called England, widow, sendeth greeting. [Recite the debt due and owing from, &c.] Now, know ye, Power. that the said A. B., for divers good causes and considerations her thereunto moving, hath made, ordained, authorized, nominated, constituted, and appointed, and by these presents doth make, ordain, authorize, nominate, constitute, and appoint, and in her place and stead put and depute F. L., of, &c., the true and lawful attorney of her, the said A. B., for her and in her name, or in the name of the said F. L., as her attorney, as shall be thought the most proper and convenient, but for her use, to ask, de- To ask, demand, collect, get in, and receive, of and from the mand, &c. said Messrs H. and M., or either of them, the said sum of L. , and all interest, costs, and charges in respect thereof, and all and every debt and debts, sum and sums of money whatsoever, due and owing by and from the said, &c.; and in like
m This form, which is rather long, may be easily shortened without impairing its efficacy.
inanner to collect, get in, and receive of and from all and every other person and persons resident in the said island of Portland, or elsewhere, in North Ainerica ; and all and every debt and debts, sum
and sums of money, due and owing by them, him, or To give re her, to the said A. B.: And upon receipt of the said ceipts, &c. sum of L.
, as also any other such debt or debts, sum or sums of money, to make, sign, give, and execute all and every such receipts, acquit. tances, or other good and sufficient discharges for
the same, as shall be requisite and necessary in that And on non- behalf: And on non-payment of such debt or debts, payment to sum or sums of money, or any of them, or any part prosecute, &
thereof, to commence, institute, and prosecute, or to appear to, answer, and defend any action and actions, suit or suits, attachment or attachments, or other proceedings at law or in equity, or otherwise against, or by them, the said H. and M., or either of them, and such other person or persons (if any) as aforesaid, as shall or may be deemed necessary or advisable by the said F. L., for the recovery of the same debt or debts, sum or sums of money, or any of them, or any part thereof; and for that purpose to appear before any judge, justice, magistrate, registrar, or any other proper officer or officers, in the said province of as occasion shall require; and thereupon to do, execute, and perform such acts, deeds, matters, and things, as shall be requisite or expedient, according to the laws, rules, and customs
of the United States of America, or of the said proAnd to settle vince of, &c. And also to settle and adjust with the and adjust, &c. said H. and M., and such other person or persons
(if any) indebted as aforesaid to the said A. B., all accounts and reckonings which now are, or at any time hereafter may be open, depending, and unsettled between the said A. B. and the said H. and M., or such other person or persons (if any) indebted to the said A. B.; and to submit to reference and arbi. tration any difference or dispute that shall or may arise, touching, or in any manner relating to any
such debt or debts, sum or sums of money, as aforesaid; and for that purpose to make, sign, seal, and deliver, any agreement or agreements for, or any bond or bonds of arbitration, or reference, in any reasonable penalty, to abide by, enforce, and perforin the award, order, and determination which shall or may be made by the arbitrators or referees therein ; And to prove any debt or debts due, or to become due, to the said A. B., under any act or acts for the relief of insolvent debtors, or under any commission or commissions of bankrupt, which is, or are, or shall or may be issued against the said Messrs H. and M., or any or either of them, or any such other person or persons (if any) indebted to the said A. B. as aforesaid, and to vote in the choice of assignees, and to accept and take the dividend or dividends to become payable under the same act or acts, commission or commissions; and also to compound for all and every, or any such debt or debts, sum or sums of money, due and owing to the said A. B.; and in the name of her, the said A. B., or otherwise, as occasion shall require, to do, execute, and perform all such other acts, deeds, matters, and things, as shall be needful or expedient, in and about the premises, as fully and effectually, to all intents and purposes, as she, the said A. B., could do herself, being personally present. And for the To substitute, better and more effectually executing the powers & and authorities aforesaid, she, the said A. B., doth hereby authorize and empower the said F. L. to make, substitute, and depute, one or more attorney or attorneys, deputy or deputies, substitute or substitutes under him, and in his place and stead, with full power and authority to execute and perform all and every, or any of the powers and authorities hereby vested in and given to him, the said F. L. ; and such attorney or attorneys, deputy or deputies, substitute or substitutes, so to be nominated by them, from time to time, to displace or remove, and another or others to appoint and depute in his or