Green v. Robinson
Mississippi Supreme Court
APPEAL from chancery. Robinson sued Green at law and obtained a judgment, which this bill sought to enjoin. The original bill, charged in substance, that the note sued on was executed by Glidewell, one of the firm of Green, Glidewell & Co., in the name of the firm as surety for Broadnax, the principal in the note.
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APPEAL from chancery. Robinson sued Green at law and obtained a judgment, which this bill sought to enjoin. The original bill, charged in substance, that the note sued on was executed by Glidewell, one of the firm of Green, Glidewell & Co., in the name of the firm as surety for Broadnax, the principal in the note. That the articles of co-partnership of Green, Glidewell & Co. stipulated, that neither partner should have power to bind the other as surety; and, that Glidewell signed this note in the name of the firm, without the knowledge or assent of complainant. That the complainant knew…
1Opinion of the CourtJustice Tiiotteb
The appellant filed his bill in the court below for an injunction, to restrain the collection of a judgment which the appellee had recovered against him and others, in the circuit court of Warren county. The bill alledges that the name of the complainant was signed to the note on which the judgment was obtained, without his consent or knowledge, by his partner Glidewell, and in direct violation of an express stipulation in the articles of copartnership; and that the defendant Robinson fraudulently procured the same to be done. That he employed counsel to defend the suit on this ground, who by…
2Cases cited2 opinions
- Den v. TurnerSupreme Court of the United States · 1824
- Hughes v. M'Coun's administratorCourt of Appeals of Kentucky · 1814