f ins is
the Law
By ROBERT E. LEE
(F«t the N. C. Bar Association)
LIABILITY OF PARTNERS
Phillips loaned moliey to
Crumpler for the purpose of op
erating a business under the as
sumed name of Capitol Manu
facturing Company. The net
profits of the business was to be
shared equally. The business
was not incorporated. Crumpler
was to have exclusive manage- 1
ment. Crumpler was to receive
no salary; hs was to share only:
in the net profits. Phillips was
permitted to withdraw any and I
all advances of money upon giv- *
ing thirty days written notice to
Criimpler for purpose of liqui- 1
dating the business and closing
it out. After paying all advances
to Phillips and all expenses, the
net profits remaining were, to be
divided equally. Was a partner
ship created?
No. There was created mere
ly a creditor and debtor rela
tionship. Phillips was receiving
a share of the profits simply as
compensation or interest for the
use of his money. There was
not a co-ownership of the enter
prise. Crumpler was the sole
owner and operator of the Cap
itol Manufacturing Company.
Since Phillips was not a part
‘ner, he would not be liable for
the obligations of the company.
Cherry and Marlone form a
partnership and operate it under
the firm name of White Swan
Laundry. Johnson, while oper
ating the firm’s truck on part
nership business, negligently in
jures Motsinger. From whom
may Motsinger recover?
Motsinger may recover a judg
ment against the White Swan
Laundry, Cherry, Marlone and
Johnson. Motsinger’s attorney
will probably name all as co
defendants in a single court pro
ceeding.
Johnson is liable because he is
the actual wrongdoer who in
jured Motsinger. In North Caro
lina a partnership may be sued
in its firm name. Since John
son, at the time of the accident,
was acting as an agent of the
White Swan Laundry, the firm
for whom he works is also li
able. The individual partners
are both jointly and severally
liable for the contracts or negli
gent acts of the partnership.
The full amount of the judg
ment may be satisfied from the
assets of any one of the partners.
Property not used .in connection ■
with the partnership may be >
seized to satisfy a judgment'
against one of the individual I
partners.
Jones and Smith operated the
Jones Food Center as a general
partnership. Jones told Taylor
that he would not be personally
> Sif|i||i * '*
OLD Mr. BOSTON |Tj|
BRONZE LABEL IjJ 1|
Kentucky
Straight
Bourbon mgmm
loss MSSSfim
A p|NT Wm
t mm
t*- ' •
| responsible for any additional
I bread sold by Taylor to the
Jones Food Center. Subse
quently Taylor, at the request ol
Smith, sold and delivered breac
'to the Jones Food Center. May
I Taylor recover personally from
| Jones the value of the subse
, quently delivered bread?
| Yes. Both partners' had equal
rights in the management and
l conduct of the partnership busi
ness.
• As long as the partnership is
a going concern, neither can re
strict the other in matters deal
ing with the ordinary conduct of
I the business. Only a majority
■vote of the partners can forbid
! otherwise permissable partner
ship transaction.
BIRTH ANNOUNCEMENT
Mr. and Mrs. Jack Way of At
lanta, Ga., announce the birth of
a son, their second child, bom
Friday, November 11, in St. Jo
seph’s Hospital. Mrs. Way is
the former Barbara Hollowell of
Edenton.
| Minutes Os Board
Os Public Works
Edenton. N. C.
November 2, 1960.
The Board of Public Works
met this day in regular session
at 5:00 P. M., at the Edenton
Municipal Building with the fol
lowing members present: Thom
as C. Byrum, Jr., Chairman,
Jesse L. Harrell. Ralph E. Par
rish, James P. Ricks, Jr., and
J. H. Conger, Jr.
The minutes of the regular
meeting of October 4, 1960 were
read and approved.
Robert L. Williams appeared
before the Board and requested
that the Board agree to extend
the Town’s water service to his
lot located on the Northeast
comer of the intersection of
Badham Road. Chairman Bvrum
referred this matter to James
P. Ricks. Water Commissioner,
•ind Superintendent Richard N.
Hines for investigation and re
port.
On-motion bv Jesse L. Harrell,
seconded bv Ralph E. Parrish,
Taylor Theatre
EDENTON, N. C.
Thursday and Friday,
November 17-18
Leslie Caron and
George Peppard in
"THE SUBTERRANEANS"
CinemaScopc and Color
Saiorday. November 19—
POI HI.K FKATI'RK
Ward Ramsey in
"DINOSAURUS"
—also—
James Stewart and
Audie Murphy in
"NIGHT PASSAGE"
Both CinemaScopc - Color
Sunday. Monday, Tuesday and
Wednesday, Nov. 20-21-22-23
Alfred Hitchcock's
"PSYCHO"
With Janet Leigh and
Anthony Perkins
Note: No One Will Be Admitted
To The Theatre After Feature Be
gin*! Sunday, Short* 2:15-4:15 ft
8:45 Features 2:30-4:30 ft 9:00.
Monday, Tuesday and Wednesday,
shorts 7:00 ft 9:00 Features 7:15
and 9:15.
THE CHOVAH HERALD. EDENTON. NORTH CAROLINA. THURSDAY, NOVEMBER 17, 1960.
and carried, E. and W. bills in
amount of $21,330.56 be approv
ed for payment as follows:
Gulf Oil Corporation, $82.22;
Transport Clearing of the Caro
»inas, Inc., $2.50; East Carolina
Supply Co., $33.45; Electrical
Equipment Co., $680.38; Graybar
Electric Co., Inc.. $428.20; Badg
r Meter Mfg. Co., $86.39; Water
Works Engineering. $5.00; Mo
torola C. & E., Inc., $46.75;
American Press. Inc., $2.12;
Howerton Gowen Co., Inc.,
$69.30; Jefferson Island Salt Di
vision. $207.87; Lynchburg Foun
drf Company, $23.97; Center
Chemical Company, $146.37; W.
M. Bashlin Company, $20.80: The
R. S. Jordan Co.. $142.75; Wil
liamston Office Supplv Co..
$6.28; Western Gas Service, Inc.,
$2.06; Twiddy Insurance & Real
Estate Co., $25.11; Coastland Oil
Company, $26.62; Bunch’s Ga
rage. $57.68; Ashlev Welding &
Machine Co., $1.10; Hughes-
Parker Hardware Co., $2.88: W.
D. Holmes Wholesale Grocery.
Inc., $9.00: M-. G. Brown Co
lne., $2.35; Norfolk & Carolina
Tel. & Tel. Co., $32.70; The
Peoples Bank & Trust Co.. $3.60;
Accounting Supplies & Systems,
Inc., $4.13; Postmaster. $154.80;
Sheriff, Chowan County, $302.85;
Nationwide Mutual Ins. Co.,
$1,337.80; Edenton Insurance
Agency, $12.50; Earl Jones,
$15.00; T. A. Loving Company,
$5,225.56: Ralph E. Parrish, Inc.,
$7.85; Wm. F. Freeman. Inc..
$156.77: Smithson Electric Co.,
$5.95; Water Pollution Control
Federation, $1.50; Superintendent
of Documents. $1.20: Graham
Farless, $30.00: Norfolk Southern
Railway Co.. $528.00; Virginia
Electric & Power Co.. sll 399.20.
Os this amount $5,382.33 was
for the Sewer Extension and
$15,948.23 was for general op
erating expenses.
There being no further busi
ness the meeting was adiourned.
RALPH E. PARRISH,
Secretary.
JT iCjl
The hospital lalroratory helps '
physicians find troubles |
through spulum tests, urin- ■
alysis, blood counts, gastric |
analysis, roniplement fixation I
tests, bacteriological cultures, I
microscopic examination of J
tissues and other minute j
clinical studies.
All hospital patients require |
one or more lal» tests, l ast I
year, the average cost of lab- I
• oratory work per admission J
in N. C. hospitals was $18.52. j
#
———
laboratory tests are
one of 13 basic hos-
I pital services that
are PAID /.V FVI.L
■ liy nine Cross comprehensive
I certificates.
I Approved by hospitals and
I doctors. Blue Cross gives you
I the realistic financial help
■ you need when hospitalira-
J lion or surgical care is re-
J quired. If your family doet
! not have ltlue Cross protec*
y lion, write or rail today. \
DURHAM, N. C.
William B. Gardner
P. O. Box 548. Edonlon
TELEPHONE NO. 6490
i zL B Mi / /
jArchdale
9 BIG DAYS... BUT NOW FOR CHRISTMAS
I ARCHDALE WHITE DRESS SHIRTS Hl-V BULKY KNIT PUUOVEIt J
Fine - needle stitching throughout! New as fomorrowl It's brushed, it'*
Oxfords, broadcloths. Button* bulky—it’s lambswool blended with
downs, fused short point or regular M Orion acrylic! Set-in hand-warmer M
iMii stay collars. Convertible cuffs. Many M pockets, Archdale plus! Grape, M
wash-wear. 14-17 neck, 32-35, MM W M M olive, char., brown, gold. S, M, L. M % M M
A
I • • . r -‘ 'M
a. . . - . ' > f
mmmmmm' mwmm mm—mi
PCHDALE SPORT SHIRTS COTTON UNDERWEAR STRETCH, RIBS, CREWS ARCHDALE COTTON PAJAMAS f
2.99 | 1.59 .69 .79 j 79* 2.99 I f
low price! Tab-front pull- .'J T-shirts... 79c Briefs... 69c Season’s key colors! Ban-lons, Extra full, roomy cut. Covered
s, button-down or regu- Broadcloth shorts, 79c.Nylon Orion acrylics, mercerized snap fasteners. Cuffed. ; |
ollars. Sizes S, M, l, XL ] reinforced athletic shirts, 59c I cotton. Long wear’s knit in! Sizes A, B, C, D, long and E. , I
TOP-GRAM LEATHERS! (fl COLOR-CUED! ARCHDALE M LOOK OF DISTINCTION READY TO GIVE! ARCHDALE Ifiij
ARCHDALE GGT KITS | TIE A SOCK COMBINATION > ARCHDALE GIFT TIES FINE WHITE HANDERCHKFS £|J|
■ 1.50 g 2.00 « 1.50 § 3,1.00 ■
, Three different Widths! Excit- |||| Perfect go-togethersl Stretch Stripes, neat allovers, under- TV folds with initials, designs.
Ing grains, buckle designs! |j||| socks (no size problem) plus knot ideas. Pure silks, Dac- mm All whites; whites with cord
•V4A Black, brown. Sizes 30-44. Hi embroidered motif tie. Boxed. ; rons, blends. Wool linedl -Jfe borders. Neatly-stitched hems.
!—SECTION TWO
PAGE THREE