Mack v. White

Rodney, J.,

delivering the opinion of the Court:

Two questions are presented by the motion:

1. Is this Court of Law without jurisdiction in the matter because it appears that the note upon which the suit is based was given “in connection with and as a part of certain partnership transactions ?”

2. If this Court has jurisdiction in the matter, is the claim of the defendant that there is due to him from the plaintiff an unascertained amount arising from the partnership a sufficient defense to the action?

The questions will be considered in this order, for upon = the determination of the first…