Wigle v. Williams

Wigle v. Williams

In the absence of public notice of dissolution, and where the retired partner's name remains in the firm style and he is aware of the continuity and general nature of the business, the retired partner remains liable on promissory notes executed in the firm name even if the post-retirement business includes activities (real estate, securities) different from the pre-retirement general country store business.

Citation
(1895) 24 SCR 713
Parties
Defendant/appellant: S. Wigle; Plaintiff/respondent: Williams
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 May 1895
Procedural Posture
Civil Appeal (contract/partnership) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment for respondent affirmed.
Legal Topics
Retired Partner Liability, Continuance of Firm Name, Promissory Note, Notice of Dissolution
Source Language
English
Contract Partnership Commercial Law Retired Partner Liability Continuance of Firm Name Promissory Note Notice of Dissolution

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Parties

S. Wigle

Defendant/appellant

Williams

Plaintiff/respondent

Procedural Posture

Civil Appeal (contract/partnership) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether a retired partner remains liable on firm obligations where his name continues in the firm name and no public notice of dissolution is given
  2. 2 Whether liability is limited to the business activities conducted prior to retirement or extends to new business conducted under the continuing firm name
  3. 3 Whether the retiring partner's knowledge of the firm's continued use of his name and of the general nature of the business binds him to obligations incurred after retirement

Ratio Decidendi

In the absence of public notice of dissolution, and where the retired partner's name remains in the firm style and he is aware of the continuity and general nature of the business, the retired partner remains liable on promissory notes executed in the firm name even if the post-retirement business includes activities (real estate, securities) different from the pre-retirement general country store business.

Court Disposition

Appeal dismissed with costs; judgment for respondent affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario affirmed