Robertson v. Smith
New York Supreme Court
This was an action of assumpsit against the defendants, i o on two promissory notes, made by “ Soulden. Smith, & Co.v One note was dated the 10th of July, 1818, for 1,983 dollars and 83 cents, payable to the plaintiff or bearer, the one half in three, and the remainder in four, months from the date.
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This was an action of assumpsit against the defendants, i o on two promissory notes, made by “ Soulden. Smith, & Co.v One note was dated the 10th of July, 1818, for 1,983 dollars and 83 cents, payable to the plaintiff or bearer, the one half in three, and the remainder in four, months from the date. The other note was dated the 19th of September 1817, for 249 dollars and 75 cents, payable twelve months after date, to the plaintiff, or order, at the Manhattan Branch Bank in Utica. The plaintiff, before the commencement 1 , . of the present suit, recovered judgment on each or these notes…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The first position taken by the plaintiff’s counsel is, that where several persons are indebted as partners, they are jointly and severally indebted; and the case of Rice v. Shule, (Burr. Rep. 2611 ) has been cited in support of that doctrine. Lord Mansfield did say, in that case, that all contracts with partners were joint and several, and every partner was liable to pay the whole. The statement of that case is,' that on the trial, evidence was given that one Cole, who was not joined in the action as defendant, was a partner of Shule, and…
2Cited by64 opinions
- Armstrong v. DeshlerOhio Supreme Court · 1843
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Suydam v. . BarberNew York Court of Appeals · 1858
- Averill v. LoucksNew York Supreme Court · 1849
- Averill v. LoucksNew York Supreme Court · 1849
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