Alexander Cunningham, Ws v Thomas Kinnear, Insurance Broker In Edinburgh, Alexander Brown and Son, Merchants, and William Hume, Merchant Upholsterer In Edinburgh: HL 27 Mar 1765

Partnership – Joint Adventure – Praepositus Negotiis.-
Where goods were purchased on individual account; and thereafter an interest purchased therein by another, as part of a cargo shipped for foreign trade; where also there was no contract, and no previous reputed partnership, anterior to the purchase of the goods shipped: Circumstances in which held, there was an existing copartnery, and that the deceased partner, in purchasing the goods, in ordering the insurances, and in receiving the returns, acted as pr positus negotiis of the company, and bound the other partners.

Citations:

[1765] UKHL 2 – Paton – 114, (1765) 2 Paton 114

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 29 May 2022; Ref: scu.560610