Thompson v. Briggs
Superior Court of New Hampshire
Assumpsit. The defendants are sued as surviving partners of the late firm of James Briggs & Brothers, consisting of the defendants and Joshua Briggs and John Briggs, and the declaration contains only one count, a copy of which is as follows: In a plea of the case for that the said James Briggs and John Andrew and Joshua Briggs and John Briggs, in the life time of the said Joshua Briggs and John Briggs, on the thirteenth day of September, in the year of our Lord eighteen…
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Assumpsit. The defendants are sued as surviving partners of the late firm of James Briggs & Brothers, consisting of the defendants and Joshua Briggs and John Briggs, and the declaration contains only one count, a copy of which is as follows: In a plea of the case for that the said James Briggs and John Andrew and Joshua Briggs and John Briggs, in the life time of the said Joshua Briggs and John Briggs, on the thirteenth day of September, in the year of our Lord eighteen hundred and forty-six, then doing business under the firm of James Briggs & Brothers, as partners at said Holderness, being…
1Opinion of the CourtWoods, J.
A part of the claim in suit was the proper debt of the defendants only; the residue of it was a debt against them as surviving partners of the late firm of James Briggs & Brother. Was the note of James Briggs & *42Brothers, the present defendants, which was received for the entire account, a payment of it, or alone competent evidence of that fact ? The only facts relied upon as furnishing such evidence, are the making of the note and receipt stated in the case. The entire claim of Thompson may well be regarded as being the proper debt of the defendants, who were alone personally liable for the…
2Cases cited3 opinions
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Elliot v. SleeperSuperior Court of New Hampshire · 1823
- Johnson v. CleavesSuperior Court of New Hampshire · 1844