253 P.2d 153 brief this case

Link : https://casetext.com/case/balch-v-newberry

This is the case that I have briefed before so follow the same outline.. and brief 253 P.2d 153

Comstock v. Buchanan

July 12, 1864

57 Barb. 127

Facts:

A.The reason for the lawsuit was transferring of stock belonging to a partnership without consent of the partner.

B.The Plaintiff, Comstock claims that Buchanan didn't acknowledge him about selling a stock.

C.Buchanan claims that he had consent from the partner.

D.The Plaintiff, Comstock is entitled to have that stock restored. He is also entitled to recover his costs and receive and additional fifty-dollar allowance.

Issue: Can one member of a partnership sell and transfer the company property (stock) to himself without consent of his or her partner?

Holding: One member of a firm cannot sell and transfer the firm property (stock) to himself.

Reasoning: One member of the partnership cannot become an individual owner of the property (stock) without the consent of other members of the partnership