Legal Opinion

Pierce & Baldwin v. Hickenburg

Supreme Court of Alabama

Decided January 15, 1835PublishedCited by 1 opinion

Fierce & Baldwin, for the use of Stewart, brought an action of assumpsit against the defendant, in the Circuit Court of Tuskaloosa. They declared, as co-partners, and merchants, for goods sold by the firm, to the defendant, and the pleas filed, were, non as-sumpsit,' paymént, and set-off. On the trial, the defendant offered as a sét-off to the plaintiffs’ demand, a judgment, obtained by him against Pierce, one of the partners, which, the Court, after objection,- admitted.

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Fierce & Baldwin, for the use of Stewart, brought an action of assumpsit against the defendant, in the Circuit Court of Tuskaloosa. They declared, as co-partners, and merchants, for goods sold by the firm, to the defendant, and the pleas filed, were, non as-sumpsit,' paymént, and set-off. On the trial, the defendant offered as a sét-off to the plaintiffs’ demand, a judgment, obtained by him against Pierce, one of the partners, which, the Court, after objection,- admitted. It was proved, that the firm of Pierce & Baldwin had failed — that all the effects of the copartnership, and its rights…

1Opinion of the Court

By Mr. Justice Thornton :

This was an action of assmnpsit, brought in the Circuit Court of Tuskaloosa, by the plaintiffs in error, as partners in trade, against the defendant. The pleas were filed in short, non assmnpsit, payment, and set-off’. At the trial of the cause, as appears by a bill of exceptions, signed by the presiding Judge, the defendant offered in evidence, as a set-off against the demand of the plaintiffs, the record of a judgment, obtained by the defendant, against the plaintiff, Pierce;, which, the objection of the plaintiffs’, notwithstanding, was admitted by the Court; who…

2Cited by1 opinion

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