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1946 Arizona Attorney General Reports and Opinions 1 (1946)

handle is hein.sag/sagaz0067 and id is 1 raw text is: 5 January 1946 Dan B. Garvey secretVary of Stato Calpitol Building Phoonix, Alizona Ily dear Sir: We are returning herewith the bond of Benton M.. Lee and Coopnis signed by Bonton M. Lee as principal raid the Fidolity and Deposit Company of Maryland as woty; also the bond filed by E. F. Hutton & Conpmny, s iGnod by A. H1. Craig, general partnor, as principa1, and the Fircimania Fund Indem- nity Coampany as srety, both of wahich bonds are disapproved for the reason that such bonds nuat be signod by all of the partners as disclosed on the application of each company, end in accordanco ith Section 57-501, A. C. A. 1939. According to Story, on Partnership, ono-partner from that move relation cannot bind the others by a dood or in- atruont under seal, either for a debt or any other obligations oeven aen .contractod in the course of their com-iorcial dal-- - Ag --the, ings end business and within the scope theroo* Unp authority bx expressly given under the seal of the other part- ners and includos the very act done under seal. We have no evidence that the madbers composing the . partnerdtip of E. F. Hutton & Company authorized A. H. Craig to siin the bond furnished in connection with their brokerts license, nor that the members composing the Benton ?. Lee partnership authorized Eenton U. Lee to sign Such bond. For all of the foregoing reasons we suoSest that the two bonds in quostion be returned to the makers thereof and that new bonds be filed in accordance vith the advices in this letter. Very truly yours, JOHN L. SULLIVAN, Attorney General RARRY 0, MUIAMI, Chief Assistant Attorney General. HOJ:prb 46-1 Digitized from Best Copy Available