Morrison v. Stockwell's Administrator

The Chief Justice

delivered the Opinion of the Court.

Upon a promisory note, made payable to James N. Morrison, and signed “Morrison and Stockwell,” of which firm the obligee and Allen M. Stockwell were the members and only members, Morrison brought an action of debt against the said Stockwell’s administrator—he having died intestate.

The declaration showed that, the plaintiff was one of the nominal obligors; and therefore, the Circuit Judge, being of the opinion that the note imposed no legal obligation on Stockwell, sustained a demurrer to the declaration.

The principle recognized in the case…