v.
Archd. Wallace, for himself and the other Partners of the Glasgow Glasswork Company, Respondents
Subject_Partnership — Liability of Partner.
The appellant was formerly manager of the manufactory of glass, called the Glasgow Glasswork Company, and, besides his salary, he was allowed, as a part of his remuneration, a share of the profits of the business, without being required to advance any capital. At the distance of many years, after the appellant had quitted that situation, a claim was brought against him for payment of a share of loss, said to have been sustained by the proprietors of the Glasswork, in winding up the undertaking, after the sale of the establishment.
Vide Journals of the House of Lords.
The appellant, conceiving that he had been merely received as a partner, in subserviency to his character of manager, and that having brought no capital into the stock of the company, and being liable to be dismissed at pleasure by the company, that he was not liable for the alleged ultimate loss of the capital. The Court of Session held him liable for his share
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of the loss, as a partner. In the House of Lords this was reversed, holding, “That the appellant ought not to be considered as between him and his partners, as a partner liable to any share of the loss.”
Counsel: For the Appellant, Robt. Forsyth, Fra. Horner.
For the Respondents, R. Gifford, John Cunninghame.
Source: https://www.bailii.org/
