Home >> Cyclopedia-of-law-vol-4 >> Acceptance Necessary To Complete to Partners Ex Emption >> Extent of Powers

Extent of Powers

Loading

EXTENT OF POWERS. The implied authority of a partner ex tends to all acts within the usual and ordinary scope of the business of the firm. The scope of the business in cludes whatever is necessary for its successful con duct, considering its nature and usage, but subject to enlargement or restriction through the known habits or conduct of the particular firm. Each occupation has certain characteristics determining, in the absence of notice, what powers a partner may be assumed to possess. The articles seldom define a partner's power, and if they did they are seldom seen, so a party must judge from appearances. (Livingstone v. Roosevelt, 4 Johns. 251.) A partner cannot bind his copartners beyond the scope of the mutual adventure. If the part nership is apparently one of limited powers as a non trading partnership or a professional one, third per son's are bound to take notice of this fact in dealing with a partner. (Baxter v. Rollins, go Ia. 217; Lee v. Natl. Bank, 45 Kans. 8.) • In determining what is within the scope of a firm business, the usage of others engaged, in a similar busi ness is to be considered; so the habits of the particular firm, and the acts, declarations, and general course of business bear directly upon the question of its nature and extent. The question of what is within the scope of the firm business is usually a question of fact to be determined from the circumstances, but a given act may, as a matter of law, be decided to be without the scope.

scope and business