Hyde v. Brashear
Supreme Court of Louisiana
Wesíejust Dis. APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. JIART, THE JUDGE OF THE DISTRICT PRESIDING. This is an action on a curator’s bond, against the surety. The plaintiffs, W. F. Hyde and E. D. Hyde, sue as the surviving partners of the late firm of W. F. & E. D. Hyde & Co.; claiming the sum. of $543 63, due their said firm by-the estate of R. S. Barr, deceased.
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Wesíejust Dis. APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. JIART, THE JUDGE OF THE DISTRICT PRESIDING. This is an action on a curator’s bond, against the surety. The plaintiffs, W. F. Hyde and E. D. Hyde, sue as the surviving partners of the late firm of W. F. & E. D. Hyde & Co.; claiming the sum. of $543 63, due their said firm by-the estate of R. S. Barr, deceased. They allege, the curator and his surety have become liable to pay said debt, and they pray judgment against the defendant as such surety. The defence was a general denial; and that the action could not be…
1Opinion of the CourtMorphy, J.
The defendant who is sued as surety on a bond given by Robert B. Brashear, as curator of the estate of Wm. S. Barr, relies for the reversal of a judgment rendered against him on assignment of errors, apparent on the face of the record. C)f these, we deem it necessary to notice only that'which shows . . . _ . the want of capacity of the surviving partners of the firm of W. F. & E. D. Hyde & Co., to sue without joining the representatives of the deceased. In the case of Crozier vs. Hodge, 3 La. Rep., 357, we held, that “ where the obligation is made . . to a commercial firm, the partners…
2Cases cited1 opinion
- Crozier v. HodgeSupreme Court of Louisiana · 1832
3Cited by3 opinions
- Police Jury v. Mayor of MonroeSupreme Court of Louisiana · 1886
- Verret v. BonvillainSupreme Court of Louisiana · 1880
- Jacobs v. AugustinSupreme Court of Louisiana · 1848