Brown, Randall & Co. v. Broach
Mississippi Supreme Court
Error to tbe Circuit Court of Lauderdale County. Hon. Bobert Leachman, Judge. ■ Tlie material facts in this case are very fully stated in tlie •opinion of tlie court.
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Error to tbe Circuit Court of Lauderdale County. Hon. Bobert Leachman, Judge. ■ Tlie material facts in this case are very fully stated in tlie •opinion of tlie court. It is assigned for error : 1. Tlie court erred in sustaining the demurrer to the 2d jilea to the amended declaration. 2. In sustaining the demurrer to the 3d plea of defendants. 3. In sustaining demurrer to defendants’ 4th plea. 4. In sustaining the demurrer to the 1st and 2d pleas filed ■under the order to plead further at May term, 1875.
1Opinion of the CourtSiMrall, C. J.
H. F. Broach and W. P. Broach, with F. Brown and J. M. ¡Roberts, constituted the commercial partnership under the name of Broach, Brown & Co., doing business at Meridian. On the 9th of January, 1871, the plaintiffs, IT. F. Broach and ~W. P* Broach, sold out their interest in the goods and business and assets to S. J. Randall and J. J. Griffin, with the .advice and concurrence of W. F. Brown and J. M. Roberts, with whom a new partnership was formed, under the name of Brown, Randall & Co., which undertook and promised to pay the indebtedness of Broach, Brown & Co., and hold the plaintiffs…
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