Legal Opinion

Hyer v. Vaughn

Supreme Court of Florida

Decided January 15, 1882PublishedCited by 17 opinions

Writ of Error to tlie Circuit Court for Escambia county. Yaughn declared against Albert Hyer and W. K. Hyer as partners, and afterwards amended the declaration by inserting in it by interlineation -the style of defendants, so as to read, “ partners, under the firm name and style of Hyer Bros.” Precisely when'this amendment was. made is not shown. The declaration was in assumpsit, and at'first contained' .but one count.

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Writ of Error to tlie Circuit Court for Escambia county. Yaughn declared against Albert Hyer and W. K. Hyer as partners, and afterwards amended the declaration by inserting in it by interlineation -the style of defendants, so as to read, “ partners, under the firm name and style of Hyer Bros.” Precisely when'this amendment was. made is not shown. The declaration was in assumpsit, and at'first contained' .but one count. It alleged that in 1871, and divers other days; plaintiff deposited with defendants as bankers sundry sums of money, drafts, &c.,_ find defendants promised to pay plaintiff-…

1Opinion of the Court

The Chief-Justice

delivered the opinion of the court. . ■

The first and second counts of the declaration show a cause of action in favor of plaintiff and against defendants.

' The first plea does not deny the alleged indebtedness, but says the money was not deposited with defendants, A. & W. K. Hyer, partners, but. if such deposits were made they were made with Hyer Bros. The alleged partnership is not denied, or that Hyer Bros, was composed of the defendants alone. The partnership name is-of no consequence in pleading, unless in a suit upon a contract made in the particular name it may become…

2Cases cited4 opinions

  1. Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
  2. Cuthbert v. NewellSupreme Court of Alabama · 1845
  3. Hazard v. PurdomSupreme Court of Alabama · 1836
  4. Macomb & Bouck v. WilberNew York Supreme Court · 1819

3Cited by17 opinions

  1. Dudley v. Harrison, McCready & Co.Supreme Court of Florida · 1937
  2. Evans v. KloeppelSupreme Court of Florida · 1916
  3. Bacon v. StateSupreme Court of Florida · 1886
  4. Caldwell v. Peoples BankSupreme Court of Florida · 1917
  5. Huling v. Florida Savings Bank & Real Estate ExchangeSupreme Court of Florida · 1883

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