Legal Opinion

McDonald v. Millaudon

Supreme Court of Louisiana

Decided May 15, 1833PublishedCited by 3 opinions

Eastern Dis. APPEAL FROM THE COURT OF THE FIRST DISTRICT. In 1822, the late firm of McDonald & Ridgely, trading in the city of Baltimore, of which the plaintiff sues as the surviving partner, consigned a quantity of merchandise to the late firm of W. & D. Flower, of the city of New-Orleans. It is alleged that in this firm the defendant was a dormant partner.

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Eastern Dis. APPEAL FROM THE COURT OF THE FIRST DISTRICT. In 1822, the late firm of McDonald & Ridgely, trading in the city of Baltimore, of which the plaintiff sues as the surviving partner, consigned a quantity of merchandise to the late firm of W. & D. Flower, of the city of New-Orleans. It is alleged that in this firm the defendant was a dormant partner. A great portion of the goods were sold, and an account of the sales was furnished to the consignors, by which it appeared there was due them the sum of one thousand two hundred and twenty-six dollars and six cents. To recover this sum,…

1Opinion of the Court

The opinion of the court, Mathews, J. absent, was delivered by

Porter, J.

The defendant is sued as a dormant partner in the firm of W. & D. Flower. It is alleged that he received a share in the profits of the partnership', and that in consequence thereof he is responsible for its debts. The petition states, that in the year 1822, the firm of McDonald & Ridgley consigned merchandise to the house of W. & D. Flower, to be sold on their account; that sales were made of these goods, and that the sum of twelve hundred and twenty-six dollars and six cents is due to the petitioner.

The answer denies the…

2Cases cited1 opinion

  1. Winship v. the Bank of the United StatesSupreme Court of the United States · 1831

3Cited by3 opinions

  1. Perez v. New Orleans, City & Lake RailroadSupreme Court of Louisiana · 1895
  2. Brandin Slate Co. v. BennettSupreme Court of Louisiana · 1939
  3. Chaffraix v. Price, Hine & TupperSupreme Court of Louisiana · 1877

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