Smith v. Cooke
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City. This was an action of assumpsit for goods sold and delivered, brought by tho appellee against the appellant. The defendant pleaded “ never indebted ” and “ did not promise as alleged,” upon which pleas issue was joined.
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Appeal from tbe Superior Court of Baltimore City. This was an action of assumpsit for goods sold and delivered, brought by tho appellee against the appellant. The defendant pleaded “ never indebted ” and “ did not promise as alleged,” upon which pleas issue was joined. First Exception: At the trial the plaintiff offered to read to the jury, from the deposition of Richard Holmes taken before a commissioner to be used in the two cases of Porter Cooke vs. William T. Smith and Porter Cooke vs. Samuel J. Smith, the reply of said Holmes to the second interrogatory propounded to him, the said…
1Opinion of the CourtRobinson, J.
The question substantially presented by the first bill of exceptions is, whether, in an action against one partner, it is competent for the plaintiff to offer evidence of a partnership, whereby to charge the defendant with goods sold and delivered to the firm.
As a general rule, it is true, that in actions upon partnership contracts all the partners ought to be made defendants, but it is also equally well established that the omission to do so can only be taken advantage of by plea in abatement.
In the language of Lord Mansfield, in Rice vs. Shute, 5 Burr., 2611, “ All contracts with partners…
2Cases cited1 opinion
- Barry v. FoylesSupreme Court of the United States · 1828
3Cited by8 opinions
- Hartford Accident & Indemnity Co. v. Scarlett Harbor Associates Ltd. PartnershipCourt of Special Appeals of Maryland · 1996
- Baltimore & Ohio Railroad v. State Ex Rel. BlackCourt of Appeals of Maryland · 1908
- Wood v. Macon & Brunswick RailroadSupreme Court of Georgia · 1882
- Kerby v. KerbyCourt of Appeals of Maryland · 1882
- Mayor of Baltimore v. TheissCourt of Appeals of Maryland · 1999
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