Flower v. O'Conner
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This suit was instituted by David Flower, as surviving partner of the late commercial firm of D. B. Finley & Co., in New-Orleans, to recover from the defendant as the heir of her deceased son, Stephen Bell, the sum of six thousand three hundred and thirty-six dollars eighty-six cents.
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APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This suit was instituted by David Flower, as surviving partner of the late commercial firm of D. B. Finley & Co., in New-Orleans, to recover from the defendant as the heir of her deceased son, Stephen Bell, the sum of six thousand three hundred and thirty-six dollars eighty-six cents. The suit is brought by D. Flower, as the surviving partner, fyc., for the use of W. D. Flower, on a promissory note executed by the firm of Bell & Finley, in favor of D. B. Finley & Co., paya- ■ ble the tenth of March, 1821, for…
1Opinion of the CourtMartin, J.
In this case the defendant and appellant has assigned as errors on the face of the record, the following:
1. That there was a total incapacity or want of right in the plaintiff to sue in the manner and form in which he has done, because he was not the surviving partner of the firm of D. B. Finley & Co., which was composed of four members, two of whom were living at the institution of the suit.
2. That at the time the suit was instituted, a living partner could not exercise the rights of a deceased one, without *197having been authorised todo so by the Court of Probates, and giving bond as required…
2Cited by3 opinions
- Tua v. CarriereSupreme Court of the United States · 1886
- Flower v. O'ConnorSupreme Court of Louisiana · 1841
- Fusilier v. GuilloryLouisiana Court of Appeal · 1951