Breed v. Purvis

The judgment of the Court (Eustis, C. J., absent,) was pronounced by

Rost, J.

The plaintiff, Avery Breed, sues upon the following receipt: “New Orleans, 11th January, 1849. Received from Dr. J. J. Henderson, for Avery Breed, Esq., one thousand and twenty-one dollars, which we hold subject to Mr. Breed's order.” (Signed) Purvis, Wood & Co.”

The defendants first plead the general issue. But on the day of the trial, they filed an amended answer, alleging that at the time the receipt bears date, Breed was a partner of the commercial firm of Hand and Breed, which firm is largely indebted to them, and…