Esteve Bros. v. Harrell
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Action in a Louisiana state court by John R. Harrell against Esteve Bros. & Co., removed to the United States District Court. Judgment for plaintiff, and defendants bring error.
1ConcurrenceKing, Circuit Judge
In this case the writ of error is sued out alone by the partnership, and the error assigned is the service on it, by service on its agent. Under the law of Louisiana, in which the principal office of this partnership was located, and where the contracts here sued were made—
“the partnership once formed and put into action, becomes, in contemplation of law, a moral being, distinct from the persons who compose it. It is a civil person, which has its peculiar rights and attributes. * * * Hence, therefore, the partners are not the owners of the partnership property. The ideal being, thus…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Succession of PilcherSupreme Court of Louisiana · 1887
- Smith v. McMickenSupreme Court of Louisiana · 1848
- Pittman & Barrow v. RobicheauSupreme Court of Louisiana · 1859