Garner & Neville v. Myrick
Mississippi Supreme Court
IN error from the Circuit Court of Chickasaw county. Hon. Locke E. Houston, judge. Garner and Neville, sued Joshua Myrick and W. Tompkins, and George Franks, as co-partners, upon a note made in the co-partnership name. Judgment by default was taken as to Myrick, and the suit dismissed as to Tompkins, no service ever having been had on him. Franks denied under oath, that he was a member of the firm at the time the note was made, and the cause'was submitted to a jury.
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IN error from the Circuit Court of Chickasaw county. Hon. Locke E. Houston, judge. Garner and Neville, sued Joshua Myrick and W. Tompkins, and George Franks, as co-partners, upon a note made in the co-partnership name. Judgment by default was taken as to Myrick, and the suit dismissed as to Tompkins, no service ever having been had on him. Franks denied under oath, that he was a member of the firm at the time the note was made, and the cause'was submitted to a jury. On the trial, plaintiffs offered to prove by John Jay, “ that pending a negotiation for a compromise, between plaintiffs and…
1Opinion of the Court
Fishes,, J.,
delivered the opinion of the court.
The defendants below were sued as copartners upon a promissory note, signed in the name of the copartnership; and one of them denied under oath, that he was at the date of the note a member of the firm.
The plaintiffs on the trial introduced a witness, and proposed to prove by him, “that pending a negotiation for a compromise between the plaintiffs and defendant, the latter admitted,, that at the time the note sued on was made, he was a partner of the firm of J. Myrick & Co.” The counsel for the defendant objecting to this evidence, on the ground…
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