McCaughan v. Brown
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. The appellee, Brown, was the plaintiff in the court below. Appellant, McCaughan,' was defendant there. The facts are stated in the opinion of the court. The plaintiff cannot recover an individual judgment on the note; he does not sue as surviving partner, under code 1892, §§1909 to 1916. Before a surviving partner can proceed to collect the partnership property, he must comply with § 1911 of the code.
Read the full summary
From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. The appellee, Brown, was the plaintiff in the court below. Appellant, McCaughan,' was defendant there. The facts are stated in the opinion of the court. The plaintiff cannot recover an individual judgment on the note; he does not sue as surviving partner, under code 1892, §§1909 to 1916. Before a surviving partner can proceed to collect the partnership property, he must comply with § 1911 of the code. The sections of law above referred to are not found in the statutes of this state prior to the code of 1892, and change…
1Opinion of the CourtTerral, J.
N. L. Brown sued Harper McCaughan upon a note executed by him for §165.33, due September 1, 1896, and payable “to the order of N. L. Brown & Son.5 ’ McCaughan, by way of defense, pleaded on oath that said plaintiff had no right to maintain this suit in his own name, because said N. L. Brown & Son.was a partnership, composed of N. L. Brown and Albert Brown, and that Albert Brown died long before this suit was brought. Brown demurred to the plea, lost in the justice court, appealed to the circuit, where he had judgment, and the defendant appeals here.
The defendant relies upon §§ 1909-1915,…
2Cases cited1 opinion
- Coonradt v. CampbellSupreme Court of Kansas · 1883
3Cited by4 opinions
- Silver v. EakinsMontana Supreme Court · 1918
- Dow v. SimpsonNew Mexico Supreme Court · 1912
- Lance v. CalhounMississippi Supreme Court · 1904
- The Gardner Hotel Co. v. HagamanNorth Dakota Supreme Court · 1921