Legal Opinion

Ferguson v. Shepherd

Tennessee Supreme Court

Decided December 15, 1853PublishedCited by 1 opinion

EROJI MAURY. This action of assumpsit was instituted by Shepherd & Gordon against Ferguson, in the circuit cpurt of Maury, upon two promissory notes purporting to have been executed by Treadway & Ferguson. It seems that tbe notes were given for goods purchased by Treadway in tbe name of himself and Ferguson as partners in trade.

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EROJI MAURY. This action of assumpsit was instituted by Shepherd & Gordon against Ferguson, in the circuit cpurt of Maury, upon two promissory notes purporting to have been executed by Treadway & Ferguson. It seems that tbe notes were given for goods purchased by Treadway in tbe name of himself and Ferguson as partners in trade. Ferguson plead non est faetvm, and introduced evidence tending to show that the contract by Treadway was without his authority, and not within the scope of the partnership business. The case was submitted to a jury of Maury at the August Term, 1853, before Judge…

1Opinion of the CourtCaruthers, J.

This was an action of assumpsit upon two promissory notes, one dated November Jth, 1850, for $545 95, and the other for $510 02, dated 21st of February, 1851, both at six months, and signed “ Ferguson &r Treadway.” The defendant Ferguson, plead non est fadmn and other pleas. The notes were given for goods purchased by Treadway, and signed by him, and the only question is whether Ferguson is bound as a partner of Treadway?

One new trial has been granted to each party, and the third verdict and judgment was in favor of the plaintiff’s against the defendant Ferguson, who has appealed to this…

2Cases cited1 opinion

  1. Crosthwait v. RossTennessee Supreme Court · 1839

3Cited by1 opinion

  1. McAllester v. Aldridge (In Re Anderson)District Court, M.D. Tennessee · 1983

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