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Conflict of Laws Keyed to Hay, 16th Ed.
Barrows v. Downs & Co.
Citation:
9 R.I. 446 (1870)Facts
Henry F. Barrows and Meriden Britannia Company sold goods to the firm of Joseph F. Downs & Co., which operated in Havana, Cuba. The goods were ordered either by letter from Havana or personally in New York by Joseph F. Downs, the general partner, and were to be paid for in New York. William C. Downs claimed he was only a special partner in the Havana firm under Spanish law and therefore not personally liable. He produced evidence of a special partnership agreement dated April 1866 and testimony from A.E. Bramoso, a Spanish lawyer formerly of Havana, who testified regarding Cuban partnership law based on the Spanish Code of Commerce of 1823. Plaintiffs contended that William held himself out as a general partner during a visit to the United States in summer 1865, making representations about his interest, responsibility, and share of profits that induced them to extend credit to the firm.
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