Legal Opinion

McCord v. West Feliciana Rail Road

Supreme Court of Louisiana

Decided March 15, 1842PublishedCited by 2 opinions

Action before the District Court of West Feliciana, Weems, Parish Judge, presiding. The petition alleges that the defendants are indebted to the plaintiffs in the sum of five hundred thousand dollars, for this : that on the 13th of January, 1836, the petitioners, Isaac McCord, John Thompson, Usal Hopkins, since deceased, and whose succession is represented by Archibald Harralson, as curator, John Cummings, and Charles A. Snyder, did, under the firm of Isaac McCord and…

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Action before the District Court of West Feliciana, Weems, Parish Judge, presiding. The petition alleges that the defendants are indebted to the plaintiffs in the sum of five hundred thousand dollars, for this : that on the 13th of January, 1836, the petitioners, Isaac McCord, John Thompson, Usal Hopkins, since deceased, and whose succession is represented by Archibald Harralson, as curator, John Cummings, and Charles A. Snyder, did, under the firm of Isaac McCord and Company, bind themselves to execute all ‘ the grading and road formation’ of the West Feliciana Rail Road, for which the Rail…

1Opinion of the CourtBullard, J.

The defendants relied, in the court below, on the following exceptions, which were pleaded in limine litis. 1. That the plaintiffs cannot maintain the action under the name and style of Isaac McCord and Company, because the name in the articles of partnership is McCord and Company. 2. That there were other parties to said contract, who have not been made parties to this action. 3. That the partnership was a special one, and was dissolved by the death of Hopkins ; and no action can be maintained in the name of the late firm. 4. That the petition is vague, uncer*521tain, and contradictory. 5. That…

2Cited by2 opinions

  1. Dickinson v. Calahan's AdministratorsSupreme Court of Pennsylvania · 1852
  2. Buuck v. FosSupreme Court of Louisiana · 1955

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