Page:Federal Reporter, 1st Series, Volume 1.djvu/836

828 FEDBEAIi BEPOBTBB. �wholly consistent with that decision that the innocent partner assented to and accepted thia payment of money, and relied upon its being the proper money of his copartner, and acted upon such reliance in his dealings with his copartner, subse- quent to the advance of the money to the ôrm. �If these facts existed, on whioh the report is silent, but ■which, perhaps, may be inferred, upon the general presump- tion that a merchant keeps himself informed as to hia own business affairs, then there is a view of the case whieh gives the innocent partner an equity to deny his liability for the money, although his firm had the use of it. In such a case, especially if the partner paying in the money is indebted to his copartner on the firm aceounts, the innocent copartner may, perhaps, say to the real owner of the money : "It is true this was your money and my firm has received it, and given no consideration for it as a firm, but I received it from the hands of my copartner as money. The law allowed me to rely on his possession of it as proof that it was his own money. I did so. I applied it in our aceounts, to the dis- charge of his indebtedness to me, on firm accouut. I fore- bore to press him to make good his aceount. I have dealt with him ever since, with the same reliance and belief that it was his money. I have kept him as my partner, which I might not otherwise have done. I have given him credit, and now, if you reclaim the money as yours, I shall be iujured and put in a worse position, for having relied on his posses- sion as proof of his title, which, by law, I had a right to do, and must, by the law, be protected in doing." �In other words, if, in the case supposed, the innocent co- partner has an individual equity, by reason of which the firm should not, on aceount of his rights, and for his protection, be held liable for the receipt and appropriation to itself, with- out consideration, of another man's money, it must be exactly that equity which any other party receiving it as money could plead on his behalf, as against the owner, to-wit: that he has received it in payment of a debt, or for the purchase of Bomething of value, which he has parted with in exchange for it, or that he will suffer eome injury by reason of his relying ��� �