Prunty v. Mitchell & Cobbs
Supreme Court of Virginia
Writ of error to judgment of circuit court of Richmond city, in asswinpsit, by Jesse Prunty v. W. T. Mitchell and W. W. Cobbs, partners trading in the name of Mitchell & Cobbs, and sequel to the case of Prunty v. Mitchell & Cobbs, reported in 30 Gratt. 247. It did not appear on the pleadings, but it was disclosed by the evidence that W. A. J. Finney was a joint contractor with Mitchell & Cobbs in the contract whereon the action was brought, and, on motion of the defendants,…
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Writ of error to judgment of circuit court of Richmond city, in asswinpsit, by Jesse Prunty v. W. T. Mitchell and W. W. Cobbs, partners trading in the name of Mitchell & Cobbs, and sequel to the case of Prunty v. Mitchell & Cobbs, reported in 30 Gratt. 247. It did not appear on the pleadings, but it was disclosed by the evidence that W. A. J. Finney was a joint contractor with Mitchell & Cobbs in the contract whereon the action was brought, and, on motion of the defendants, the court instructed the jury to find for the defendants, if from the evidence they believed such to be the fact. The…
1Opinion of the CourtAnderson, J.
This is an action of assumpsit by the plaintiff in error, who was plaintiff below, against Mitchell & Cobbs on an account. Upon the trial on the issue of non-assumpsit, the ■court, upon motion of the defendant, instructed the jury that, if they believed from the evidence that the contract, for the breach of which the plaiptiff sues, was made with a partnership firm, of which William A. J. Finney was a member, in addition to the two defendants, they should find for the defendants.” To this instruction the plaintiff excepted, and it raises the question upon which this case turns.
When a person…
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