23 N.C. 484 | N.C. | 1841
This Court concurs in opinion with his Honor, that this action will not lie. It may be admitted that the sale of the goods of a firm by one of the partners in payment of his own debt is prima facie an act of fraud and wrong towards the other partners. But the *365
question is as to the remedy for that wrong. The case is different from that of an action brought against a partnership on a security given in the name of the firm by one of the partners for his own debt; in which case it is well settled that no action can be sustained. Weed v. Richardson,
PER CURIAM. Affirmed.
Cited: Blevins v. Baker,
(490)