Presumption. – A bond is granted for a partnership debt to an individual creditor by one partner; the same partner afterwards executes an assignment of the partnership funds to the creditors in general, bearing to be in full payment and satisfaction of the partnership debts; this was recited in a power of attorney granted by the creditors; though the assignment was not executed by the other partner, it extinguished the bond to the individual creditor.
[1714] UKHL Robertson – 84, (1714) Robertson 84
Bailii
Company, Insolvency, Scotland
Updated: 04 January 2022; Ref: scu.553473