Legal Opinion

Prince v. Crawford & Gaither

Mississippi Supreme Court

Decided October 15, 1874PublishedCited by 11 opinions

Error to the Circuit Court of Washington County. Hon. C. C. Shackelford, Judge. This was an action of assumpsit brought to recover on a bill of exchange in the following form: $2,255.79. New Orleans, 11th July, 1870. On the 10th day of October next, pay to the order of ourselves twenty-two hundred and fifty-five 79-100 dollars, for amount due Crawford '& Gfaither, value received, and charge to account of Prince & Morrow. By T. L. Morrow.

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Error to the Circuit Court of Washington County. Hon. C. C. Shackelford, Judge. This was an action of assumpsit brought to recover on a bill of exchange in the following form: $2,255.79. New Orleans, 11th July, 1870. On the 10th day of October next, pay to the order of ourselves twenty-two hundred and fifty-five 79-100 dollars, for amount due Crawford '& Gfaither, value received, and charge to account of Prince & Morrow. By T. L. Morrow. To Hadden, Overton & Bunch, New Orleans, La. Indorsed Prince & Morrow. The defendants are declared against as partners under the style of Prince & Morrow. W.…

1Opinion of the CourtSimrall, J.

The bill of exchange purports to have been drawn by Prince & Morrow, per T. L. Morrow, who are averred in the declaration to have been partners, and were sued in that capacity.

They were jointly interested in the-cultivation of a plantation, on the terms set forth in the articles of partnership.

In the cases of Richardson and May ads. Davis, 45 Miss. Rep., 506, and Cooper v. Frierson, 48 Miss., 309, the difference between general trading and commercial partnerships, and those of a more limited character, was stated, as respects the authority of a member to make contracts and incur obligations…

2Cases cited2 opinions

  1. Davis v. Richardson & MayMississippi Supreme Court · 1871
  2. Cooper v. FriersonMississippi Supreme Court · 1873

3Cited by11 opinions

  1. Sample v. RomineMississippi Supreme Court · 1942
  2. Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
  3. Horn v. Newton City BankSupreme Court of Kansas · 1884
  4. Lee v. First National Bank of Fort ScottSupreme Court of Kansas · 1890
  5. Schellenbeck v. StudebakerIndiana Court of Appeals · 1895

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