Dabney v. Stidger
Mississippi Supreme Court
In error, to the circuit court of Hinds county. This was an action of assumpsit brought by Harmon Stidger against A. L. Dabney, as administrator of tl^e estate of Benjamin F. Dabney, deceased, founded on Thomas & Dabney’s indorsement of Thomas J. Harper’s promissory note for $11,100. The declaration averred the indorsement of the note by the partnership name of Thomas & Dabney, in the life-time of Dabney, the demand and non-payment of the note at its maturity, and notice to…
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In error, to the circuit court of Hinds county. This was an action of assumpsit brought by Harmon Stidger against A. L. Dabney, as administrator of tl^e estate of Benjamin F. Dabney, deceased, founded on Thomas & Dabney’s indorsement of Thomas J. Harper’s promissory note for $11,100. The declaration averred the indorsement of the note by the partnership name of Thomas & Dabney, in the life-time of Dabney, the demand and non-payment of the note at its maturity, and notice to Pitt Thomas, the surviving partner of Benjamin F. Dabney, deceased. The defendant plead^nonassumpsit. Upon the trial the…
1Opinion of the CourtJustice Turner
Appeal from the circuit court of Hinds county.
The only question raised in this case is whether the executor or administrator of a deceased partner is entitled to notice of the non-payment of a note indorsed by the partners as such.
The authorities are clear, and are believed to be uniform, that notice to one is notice to all. Bayley on Bills, 285; 1 Con. R. 368; 4 Cow. 126; 6 Louisiana, 684; 3 Litt, 251. But it must appear that they are partners. In this case it so appears. Persons being joint payees of a note, who severally indorse it, are entitled each to notice of non-payment. They being…
2Cases cited1 opinion
- President, &c. of the Bank of Chenango v. RootNew York Supreme Court · 1825
3Cited by1 opinion
- Case v. McKinnisOregon Supreme Court · 1923