Barrows v. Downs & Co.
Rhode Island Supreme Court
9 R.I. 446 (1870)
- Written by Mary Phelan D'Isa, JD
Facts
The assumpsit claims of two creditors, Henry F. Barrows and the Meriden Britannia Company, (plaintiffs) against William C. Downs, as general partner of the firm of Joseph F. Downs & Co. (defendant), a firm doing business in Havana, Cuba, were joined and tried together in a state court in Rhode Island. Service of the writ in each case was made solely upon one of the firm’s copartners, William C. Downs (William), because the other partner, Joseph F. Downs, could not be found in Rhode Island. William C. Downs denied that he was a general partner and insisted that he was only a special partner in the Havana, Cuba, firm and that under Spanish law, he was not liable as a general partner. The creditors alleged that William C. Downs was, at times relevant to their claims, in New York and held himself out as a general partner and should be held liable under the law where he made such representations.
Rule of Law
Issue
Holding and Reasoning (Potter, J.)
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