The rights and duties of Co-Partnership.
--The Charleston Courier publishes the following legal opinion, from two distinguished lawyers, involving questions of co-partnership between citizens of the Confederate States and citizens of the United States. It will be found of the highest importance to our mercantile community, and will be read with interest:‘ We have considered the question propounded by you as to the effect of the existing state of things upon your co-partnership with the house of — New York. You are a citizen of the Confederate States, and they citizens of the United States. Our Congress at Montgomery has lately passed an act recognizing a state of war as existing between the United States and the Confederate States.
A state of war imposes restrains and disabilities and duties which are inconsistent with the relations of co-partnership between the citizens of belligerent governments. It interrupts and renders unlawful all trade and commercial intercourse between them, and it has accordingly been held that such a state works a dissolution of co-partnership. If, as we understand you to say, your New York partners considered it "treason to their Government." that they should manufacture goods according to the terms of co-partnership, to be sold and used in this city, there can be no better illustration of your mutual inability, consistently with your public duties, to carry out the objects of the co-partnership, and, therefore, the law holds after the breaking out of war, a commercial co-partnership existing between the citizens of two countries at war is dissolved by the very act of war. This doctrine is well expounded by the Court of Errors of New York, in the case of Griswold vs. Waddington. (16 Jones' Report, 443.)
We are of the opinion that your co-partnership with the citizens of New York is dissolved by the act of war, and that it is your duty to give notice to that effect, and to conduct your business hereafter without the use of their names, and for your account and benefit.
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