Legal Opinion

Nelson v. Lloyd

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 2 opinions

ERROR to the district court of Allegheny county. David Lloyd, William Hugsu, and Paul Hugus, trading in the name of David Lloyd & Co. against Samuel Fundenburgh, Ephraim Lloyd and Henry Nelson, trading in the name of Fundenburgh, Lloyd & Nelson. • This was an action on the case, in assumpsit, founded upon a promissory note, dated the Sth of April 1837, for 997 dollars 37 cents, signed Lloyd, Fundenburgh & Nelson, and which was given by Ephraim Lloyd.

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ERROR to the district court of Allegheny county. David Lloyd, William Hugsu, and Paul Hugus, trading in the name of David Lloyd & Co. against Samuel Fundenburgh, Ephraim Lloyd and Henry Nelson, trading in the name of Fundenburgh, Lloyd & Nelson. • This was an action on the case, in assumpsit, founded upon a promissory note, dated the Sth of April 1837, for 997 dollars 37 cents, signed Lloyd, Fundenburgh & Nelson, and which was given by Ephraim Lloyd. The writ was served upon all the defendants, but Nelson alone appeared and pleaded to issue. The existence of a partnership between the…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The main question to be decided here is, whether the plaintiffs below could lawfully proceed to'trial, by a jury, against Nelson, one of the defendants below, who is the plaintiff in error, upon an issue joined on a plea in bar put in by him alone, and take a verdict and final judgment thereon against him, without first taking an interlocutory judgment by default against the other two defendants, neither of whom had appeared or pleaded to the action. The exceptions to the opinion of the court, overruling objections to the admission of…

2Cases cited4 opinions

  1. Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
  2. Williams v. M'FallSupreme Court of Pennsylvania · 1816
  3. Lessee of Hill v. WestSupreme Court of Pennsylvania · 1808
  4. Smith v. JacksonU.S. Circuit Court for the District of Northern New York · 1825

3Cited by2 opinions

  1. Donnelly v. GrahamSupreme Court of Pennsylvania · 1875
  2. Meyers v. Stern, Pennsylvania Court of Common Pleas, Philadelphia County1945

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