Hirsch v. Shafer, Schwartz & Co.
Mississippi Supreme Court
Appeal, from the circuit court of Washington county. Hon. R. B. Campbell presided as special Judge by consent of parties. Appellees, Shafer, Schwartz & Co., sued in this action of assumpsit Henry Dreyfus, Jacob Simon, and Henrietta Hirsch, alleging a partnership between them under the firm-name, H. Dreyfus & Co., and an indebtedness by said firm to plaintiffs.
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Appeal, from the circuit court of Washington county. Hon. R. B. Campbell presided as special Judge by consent of parties. Appellees, Shafer, Schwartz & Co., sued in this action of assumpsit Henry Dreyfus, Jacob Simon, and Henrietta Hirsch, alleging a partnership between them under the firm-name, H. Dreyfus & Co., and an indebtedness by said firm to plaintiffs. The suit was upon open account, duly verified, and judgment by default was rendered against Henry Dreyfus and Jacob Simon. Mrs. Henrietta Hirsch filed a notice at the return term of the suit that she would object on the trial to the…
1Opinion of the CourtArnold, C. J.
The notice filed by appellant, to show that she was not a part:ner of the firm sued, was without authority of law, and presented no issue. The partnership could be denied only by special plea, verified by oath. Code, § 1633.
But if there was no mutual misunderstanding in regard to trying •that issue without formal pleading on the part of appellant, the record shows that the notice referred to was treated by appellees as a plea, or in such manner, perhaps, as to mislead appellant, and she should, in order to bring the controversy between the parties fairly to ■trial, have been allowed to file a…
2Cited by4 opinions
- Wilkinson v. GozaMississippi Supreme Court · 1932
- Crosby v. KeenMississippi Supreme Court · 1946
- Creech v. RunnelsMississippi Supreme Court · 1950
- Deaton, Inc. v. BlakeneyMississippi Supreme Court · 1977