Ward v. Johnson
Massachusetts Supreme Judicial Court
The plaintiff declared in assumpsit, as the surviving partner of the late firm of Ward 8f Warren, against the defendants, as merchants and copartners in trade under the firm and style of Henry Johnson, upon their promissory note for $ 353.83, dated the 21st of November, 1812, subscribed by the said Henry by their said style of partnership and in their behalf, and payable to the said Ward 8f Warren or their order in six months from the date.
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The plaintiff declared in assumpsit, as the surviving partner of the late firm of Ward 8f Warren, against the defendants, as merchants and copartners in trade under the firm and style of Henry Johnson, upon their promissory note for $ 353.83, dated the 21st of November, 1812, subscribed by the said Henry by their said style of partnership and in their behalf, and payable to the said Ward 8f Warren or their order in six months from the date. The defendants severally pleaded in bar, that, at the Boston Court of Common Pleas, May term, 1814, the said *Ward fy Warren impleaded the said Henry…
1Opinion of the CourtWilde, J.
The plaintiff in this action declares on a joint promise made by Thomas and Henry Johnson. The defendants plead severally in bar, a judgment rendered in favor of the plaintiff,, and his deceased partner, in a suit against Henry Johnson, one of the co-defendants ; and aver, that it was founded on the same promise set forth in the plaintiff’s declaration.
Although it would be difficult to support these pleas on a special demurrer, yet, the plaintiff having replied, and tendered an issue, which has been found against him, it remains for us to consider, whether the facts averred in the pleas, and…
2Cases cited1 opinion
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
3Cited by52 opinions
- United States v. AmesSupreme Court of the United States · 1879
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Post v. LoseyIndiana Supreme Court · 1887
- United States v. PriceSupreme Court of the United States · 1850
- Byers v. Franklin Coal Co.Massachusetts Supreme Judicial Court · 1870
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