Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. IX.
Socir liable in solidum or pro rata. - Partner of a Company paying the Debts. - Whether Partners are bound to contribute beyond their Stock.
Johnston v. Sir William Binning and Bailie Nielson
1683.
March. Case No. No. 40.
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Found that the buying of bear by the clerk of a brewery, which came to be brewed there, made the masters of the brewery, who were socii, liable in solidum for the price of the bear, though the seller had no written receipt from the clerk or maltman; but that it was only proven by witnesses, and acknowleged by the clerk, that the same was delivered and brewed.
Fol. Dic. v. 2. p. 380. Harcarse, No. 854. p. 243.
*** The like was found February and March 1603, Dionysius Thomson contra Penman and others; and the like contra Sir James Stamfield, though here the clerk's commission in writ did not extend to the power of buying, which seems hard upon masters.
