Jerkowski v. Marco & Lewenthal
Supreme Court of South Carolina
Before Watts, J., Darlington, December, 1898. - Action on note by Lewis Jerkowski, Harry E. Moss and Emanuel Blu-mensteil, executors Samuel Jerkowski, against S. Marco and Lewenthal. From judgment overruling demurrer, defendants appeal on following exceptions: • First.
Read the full summary
Before Watts, J., Darlington, December, 1898. - Action on note by Lewis Jerkowski, Harry E. Moss and Emanuel Blu-mensteil, executors Samuel Jerkowski, against S. Marco and Lewenthal. From judgment overruling demurrer, defendants appeal on following exceptions: • First. Because it is respectfully submitted that his Honor, the Circuit Judge, erred in overruling the demurrer inter•posed by the defendants; that it appears upon the face of the complaint that the plaintiffs have not legal capacity to- sue; whereas the Court should have sustained the same for the reasons and upon the grounds: 1.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
Inasmuch as this is an appeal from a judgment overruling demurrers to» the complaint, it is necessary to- set out the complaint, which, omitting the caption, reads as follows: “Lewis Jerkowski, Harry E. Moss and Emanuel Blumensteil, executors Samuel Jer-kowski, plaintiffs, v. Samuel Marco» and Isaac Lewenthal, copartners, as S. Marco» & Lewenthal, defendants. The complaint of the above named plaintiffs respectfully shows to this Court: 1. That Samuel Marco and Isaac Lewenthal, copartners as S. Marco & Lewenthal, made their…
2Cited by4 opinions
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Foot v. BurrSupreme Court of Colorado · 1907
- Greenwood Cotton Mills v. TolbertSupreme Court of South Carolina · 1916
- Parks v. Laurens Cotton MillsSupreme Court of South Carolina · 1904