Palin v. . Small
Supreme Court of North Carolina
Assumpsit, tried before Pool, J., at Spring Term 1869 of' the Superior Court of Pasquotank:. The writ was in the name of “ William Palin, John Palin and Joseph Palin, partners, trading under the firm and style • of Palin & Brothers; ” but the declaration was in their joint names only, and was for a breach of warranty of soundness-of certain articles, and a failure to deliver other articles according to an oral contract made by the defendant with the-three plaintiffs jointly…
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Assumpsit, tried before Pool, J., at Spring Term 1869 of' the Superior Court of Pasquotank:. The writ was in the name of “ William Palin, John Palin and Joseph Palin, partners, trading under the firm and style • of Palin & Brothers; ” but the declaration was in their joint names only, and was for a breach of warranty of soundness-of certain articles, and a failure to deliver other articles according to an oral contract made by the defendant with the-three plaintiffs jointly and iniperson. The defendant asked the Court to instruct the jury that, as1the writ was in the name of “ William Palin,…
1Opinion of the CourtSettle, J.
Had the writ in this case been issued in the firm name of “ Palin & Brothers,” without reciting the individual names of the persons composing the firm,, the defect would have been fatal; for it is well settled,that the writ must set forth accurately the name of each plaintiff and defendant;
But here the writ does set forth the full names of all the plaintiffs, with the addition that they are “ partners trading under the firm and style of Palin & Brothers.”
It is not pretended that the contract was not made with the plaintiffs William Palin, John Palin and Joseph Palin, but the defendant insists…
2Cited by3 opinions
- Heath, Morrow & Co. v. MorganSupreme Court of North Carolina · 1895
- Rosenbacher v. . MartinSupreme Court of North Carolina · 1915
- Hardy & Newsome, Inc. v. WhedbeeSupreme Court of North Carolina · 1956