Ransom v. Pomeroy

Assumpsit. The declaration states that Evan B. Hobson and Niles Gregory, trading in the name of Hobson & Gregory, .were indebted to the plaintiff for goods sold and delivered in the sum of 300 dollars, and in consideration thereof promised to pay, &c.; that Hobson afterwards died, and the defendant is his administrator, Gregory being still living; that payment has not been made, &c. General demurrer to the declaration and judgment for the defendant.

The defendant contends that this suit could only be sustained against the surviving partner; and that is, no doubt, the common law. Bac. Abr. tit.…