Hopkins v. Kent
Court of Appeals of Maryland
Appeal from the Circuit Court for Calvert county. Assumpsit, brought on the 17th of June 1853, by the appellants against the appellee and one Leonard C. Leitch, who was returned non est. The cause of action was a promissory note for $400, drawn by L. C. Leitch & Co., in favor of Sewell, Janney & Owens, and by them endorsed to the plaintiffs.
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Appeal from the Circuit Court for Calvert county. Assumpsit, brought on the 17th of June 1853, by the appellants against the appellee and one Leonard C. Leitch, who was returned non est. The cause of action was a promissory note for $400, drawn by L. C. Leitch & Co., in favor of Sewell, Janney & Owens, and by them endorsed to the plaintiffs. The defendant, Kent, pleaded in abatement the non-joinder of a certain Richard G. Mackall, who, it was alleged, was one of the partners of the firm of L. C. Leitch & Co. The case was tried upon issue joined upon this plea, and a single exception was taken…
1Opinion of the Court
Bajrtol, I.,
delivered the opinion of this court:
The cause of action in this case is a promissory note, drawn by E. C. Leitch & Co., in favor of Sewell, Januey & Owens, and endorsed to the plaintiffs.
The suit was instituted, against, Leonard C. Leitch and Daniel Kent, the former of whom was returned “non estP The defendant, Kent, pleaded in abatement the non-joinder of a certain Richard G. Mackall, wlio, it is alleged, was one of the partners of the firm of L. C. Leitch & Co.
At the trial, evidence was produced tending to prove that Leitch and the defendant were partners, constituting the firm,…
2Cases cited1 opinion
- Mitchell v. DallCourt of Appeals of Maryland · 1828
3Cited by1 opinion
- Hartford Accident & Indemnity Co. v. Scarlett Harbor Associates Ltd. PartnershipCourt of Special Appeals of Maryland · 1996