B. F. Avery & Son v. Myers, Houseman & Co.
Mississippi Supreme Court
Appeal from the Circuit Court of Chickasaw County. Hon. J. M. ARNOLD, Judge. B. F. Avery & Son sued Myers, Houseman & Co., a firm alleged to be composed of M. Houseman, G-. W. Bean and Greenwood Ligón, on certain acceptances. The firm consisted originally of S. Myers, M. Houseman, and G. W. Bean. Myers died and Ligón became his executor.
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Appeal from the Circuit Court of Chickasaw County. Hon. J. M. ARNOLD, Judge. B. F. Avery & Son sued Myers, Houseman & Co., a firm alleged to be composed of M. Houseman, G-. W. Bean and Greenwood Ligón, on certain acceptances. The firm consisted originally of S. Myers, M. Houseman, and G. W. Bean. Myers died and Ligón became his executor. It is now sought by this suit to hold Greenwood Ligón personally liable for the debts contracted in the business conducted by the surviving partners, after the death of Myers. From the judgment of the court below in favor of Ligón this appeal is prosecuted.…
1Opinion of the CourtChalmers, J.
It has long been settled law (certainly since the case of Wightman v. Townroe, 1 Mau. & Sel. 413 (1813), that where the personal representative of a deceased partner embarks or continues the assets of the decedent in the firm business with the surviving partners, under an agreement that it shall be carried on for the benefit either of himself or for that of the heirs and distributees of the decedent, he does not thereby impose any liability upon the estate or its beneficiaries, but does thereby become personally liable for all debts thereafter contracted in the course of the business.…
2Cases cited2 opinions
- Brasfield v. FrenchMississippi Supreme Court · 1882
- Citizens' Mutual Insurance v. LigonMississippi Supreme Court · 1881
3Cited by1 opinion
- Beste v. BurgerNew York Court of Common Pleas · 1885