Kent v. Wells
Supreme Court of Arkansas
Writ of Error to Drew Circuit Court. Hon. John C. Murray, Circuit Judge. By our statute joint obligations and contracts are to be construed to have the same effect as joint and several obligations’, and may be sued on and recoveries had thereon in like manner.
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Writ of Error to Drew Circuit Court. Hon. John C. Murray, Circuit Judge. By our statute joint obligations and contracts are to be construed to have the same effect as joint and several obligations’, and may be sued on and recoveries had thereon in like manner. Goulds Dig., ch. 94, sec. 3; ch. 133, sec. 6o; 19 Ark. 701; 6 Eng. 320. The demurrer to the plea should, therefore, have been overruled. contended that the court did not erv in overruling the demurrer to the plea, and referred to Rice vs. Shute, 5 Bur. 2611; 1 Peter 311; 3 Har. 4> J. 73; 2 Ear. Sr Gill 274; that the plaintiff, in…
1Opinion of the CourtChief Justice English
The declaration in this case commenced thus:
“ Henry Kent, plaintiff, by attorney, complains of William H. Wells, Stephen Gaster and Charles W. Millerd, late partners in trade, under the firm name and style of W. II. Wells & Co., defendants,” &c., and contained two counts, one upon a note alleged to have been made by the defendants, without stating the manner of its execution: whether by the firm name, or otherwise; the other upon an account stated.
The defendants interposed a plea in abatement: that no such partnership as William II. Wells, Stephen Gaster and Charles W. Millerd, under the name…
2Cases cited1 opinion
- Swinney v. Burnside & Co.Supreme Court of Arkansas · 1856