Material not received, but is paid for

[gerste]

We wrote a cheque for 2147.00, to a company for materials, there were partners in this company, one being my brother. My brother's end of it went under, but his partner is still carrying on, and using my bothers company name. To get to the point our 2147.00 chq was cashed 4 months ago, and we still have not got our siding, the partner is saying that my brother owes him money, and when he comes up with that money, we can get our material. Do we have any legal ground to stand on to come back at this guy to get our materials?

 

[loku]

Partner's liability

Yes you do. all partners are liable jointly and severally for all obligations of the partnership. That means you can sue any or all partners for obligations of the partnership. If you do sue the other partner and win, then he could sue your brother for his share of it.

 

[I AM ALWAYS LIABLE]

My response:

. . . and just a little bit more to Loku's fine response - - you see, what the one partner is doing to you is taking an unwarranted "set-off". He's mistaken in the belief that he has a right to a set-off through the sheer coincidence that your brother happens to be his former partner; that because you're "family" to his partner, that your brother's debts are "fungible" through you - - and so, he's taking your money as payment for what your brother owes to him.

This is "pretzel" logic, is fundamentally incorrect, and a judge would have a "field day" with this guy !

In summary, you are not responsible for your brother's debts - - but, the partner is "making" you responsible.

Take him to court.

IAAL