Desha, Sheppard & Co. v. Stewart
Supreme Court of Alabama
Weit of error to the County Court of Dallas. Assumpsit by three persons, describing themselves in the declaration as partners using the name of Desha, Sheppard & Co., as endorsees of a bill of exchange drawn by Stewart, in favor of one Harrison, on certain persons as Desha, Sheppard & Co.— There is no averment in the declaration that the plaintiffs are the same firm on which the bill is drawn, and there are counts upon it as dishonored for non-acceptance and non-payment.
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Weit of error to the County Court of Dallas. Assumpsit by three persons, describing themselves in the declaration as partners using the name of Desha, Sheppard & Co., as endorsees of a bill of exchange drawn by Stewart, in favor of one Harrison, on certain persons as Desha, Sheppard & Co.— There is no averment in the declaration that the plaintiffs are the same firm on which the bill is drawn, and there are counts upon it as dishonored for non-acceptance and non-payment. In both counts the bill is described as indorsed previous to its dishonor. At the trial, the bill was produced with the…
1Opinion of the CourtGoldthwaite, J.
1. The judgment on the evidence demurred to ought to have been given for the plaintiffs, independent of the main question argued here; because there is no evidence from which it can be legally inferred that the plaintiffs were the same identical parties on whom ihe bill was drawn.— This would not be the inference if a demurrer had been interposed to the declaration, where the legal question would have been precisely what it now is.
*8542. As the question raised and argued here is one which will return upon us immediately in another aspect of the case, we shall proceed to consider it. It is…
2Cited by2 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Stewart v. Desha, Sheppard & Co.Supreme Court of Alabama · 1847