Crozier v. Hodge
Supreme Court of Louisiana
ARPEAD FROM THE COURT OF THE FIRST DISTRICT. This suit was brought to recover a debt due from the defendant to the late firm of Edward M‘Dermott & Co., of which the plaintiff was surviving partner, and in which capacity he sued. The petition set forth, that at the time the debt was contracted, all the parties were citizens of the State of Pennsylvania, and that JVFDermott had since died, leaving the plaintiff, as surviving partner, charged with the settlement of the affairs.
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ARPEAD FROM THE COURT OF THE FIRST DISTRICT. This suit was brought to recover a debt due from the defendant to the late firm of Edward M‘Dermott & Co., of which the plaintiff was surviving partner, and in which capacity he sued. The petition set forth, that at the time the debt was contracted, all the parties were citizens of the State of Pennsylvania, and that JVFDermott had since died, leaving the plaintiff, as surviving partner, charged with the settlement of the affairs. The defendant excepted to the plaintiff’s right of action, on the ground that the heirs of JVFDermott should have been…
1Opinion of the CourtPorter, J.
This is an action brought by the surviving' partner of a commercial firm, once existing in the State of Pennsylvania. *358The plaintiff being still a resident of that state. The petition states that the defendant executed two promissory notes in favor of the partnership, which he has failed to pay, and it avers, that the plaintiff, as surviving partner, has a right to demand and receive from the defendant the whole amount of said notes.
The defendant excepted to the petition, for want of proper parties, and averred that the heirs of the surviving partner should have joined in the action.
The court…
2Cited by6 opinions
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- Hyde v. BrashearSupreme Court of Louisiana · 1841
- Eugenie v. PrevalSupreme Court of Louisiana · 1847
- Fusilier v. GuilloryLouisiana Court of Appeal · 1951
- Halliman v. ClarkSupreme Court of Louisiana · 1849
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