Rice v. Patterson
Mississippi Supreme Court
' From the circuit court of Lawrence county. Hon. Robert L. Bullard, Judge. Rice and another, appellants, partners doing business under the firm name, Rice & Co.', were plaintiffs in the court below, and Patterson and others, appellees ■who had been partners doing business under the firm name, Patterson, Tyrone & Co., were-defendants there. From a judgment in defendants’ favor the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court.
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' From the circuit court of Lawrence county. Hon. Robert L. Bullard, Judge. Rice and another, appellants, partners doing business under the firm name, Rice & Co.', were plaintiffs in the court below, and Patterson and others, appellees ■who had been partners doing business under the firm name, Patterson, Tyrone & Co., were-defendants there. From a judgment in defendants’ favor the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court. Appellants’ motion for judgment against defendants for mispleading should have been sustained. Code 1906, §§ 740, 741,.…
1Opinion of the Court
Oalhoon, J.,
delivered the opinion of the court..
Rice & Co., filed on July 17, 1905 — note the date — a valid declaration for goods sold, against Patterson, Tyrone & Co.,, averring that that firm was composed of James W. Patterson, M. C. Tyrone, and O. C. Luper. Process was issued against these parties defendant and duly served. The account sued on by the-declaration was duly sworn to as just, true, and correct, and *668wholly unpaid. The affidavit to this account was made June 28, 1905, and the account shows that the goods were sold in three different sales, one of April 11th, another of May 2d,…
2Cited by3 opinions
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