Notrebe v. McKinney

The plaintiff sued as surviving partner to recover the balance of a note, purporting to have been given by the defendant, through her agent. The answer was the general denial, and the prescription of three and five years. There was judgment final for the defendant, and the plaintiff has appealed.

*14His counsel contends, that the capacity of the plaintiff, as surviving partner, not having been specially denied, was admitted, and that he was entitled to judgment. To that it is a sufficient answer to say, that no such legal capacity exists in our jurisprudence as that of surviving partner,…