Thatcher v. Coleman

The plaintiffs sued the defendant before a justice of the peace on a note for 40 dollars and 32 cents. Judgment by confession for the amount of the note.

The defendant appealed to the Circuit Court.

The note was payable to “ Thatcher and Walker,” and the suit was brought in that name, without setting out the Christian names of the plaintiffs. The form of the judgment by the .justice is, that the plaintiffs recover of the defendant the sum of, &c.

The Circuit Court, on the defendant’s motion, dismissed the suit on the ground, that it could not be sustained in the name of “ Thatcher and Walker,”…