Beal & Bennett v. Snedicor
Supreme Court of Alabama
Error to the Circuit court of Greene. Assumpsit on a promissory note. -The defendant in error, as the endorsee of Méssrs. Brewster, Solomon &, Co., brought an action of assumpsit against she plain tiffs, in the Circuit court of Greene; and in his declaration, as well as writ, described the plaintiffs as “late merchants, doing business under the name, style and firm of Beal & Bennett.”
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Error to the Circuit court of Greene. Assumpsit on a promissory note. -The defendant in error, as the endorsee of Méssrs. Brewster, Solomon &, Co., brought an action of assumpsit against she plain tiffs, in the Circuit court of Greene; and in his declaration, as well as writ, described the plaintiffs as “late merchants, doing business under the name, style and firm of Beal & Bennett.” The cause of action was a promissory note, in these words : “ $974 38-100. New York, Aug. 23d, 1836. “ Twelve months after daté, we, the subscribers, of Brie, State of Alabama, promise to pay to the order o^…
1Opinion of the CourtCollier, C. J.
— From the terms in which the connection between the plaintiffs is stated upon the record, it is clearly inferrable, that it had ceased to exist before the commencement of the action. They could not, with propriety, upon any other hypothesis, have been described as 11 late merchants, partners? &c. The case of Duncan vs. Tombeckbee Bank, (4 Porter’s R. 185,) is directly in point, to show that such is a just interpretation of the terms.
The partnership, then, being at an end, the service of process on one of the plaintiffs, would not have operated as a service on both, within the meaning of our…
2Cases cited1 opinion
- Taylor v. BinneyMassachusetts Supreme Judicial Court · 1811
3Cited by3 opinions
- Agee v. MedlockSupreme Court of Alabama · 1854
- Plowman v. RiddleSupreme Court of Alabama · 1845
- Frazer v. BrownriggSupreme Court of Alabama · 1846