Henderson v. Cashman
Supreme Judicial Court of Maine
On exceptions. This action was commenced in the Lewiston Municipal Court December 10, 1890, and was for the sum of $116.15, claimed to be due from the defendant; being the balance due upon a contract for building a house for defendant.
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On exceptions. This action was commenced in the Lewiston Municipal Court December 10, 1890, and was for the sum of $116.15, claimed to be due from the defendant; being the balance due upon a contract for building a house for defendant. December 6, 1890, priorto commencement ofthe above action, a suit was begun in tbe court below against Robert Henderson, one of the above plaintiffs, in favor of John Sweeney, and the said Maggie Cashman was therein summoned as trustee of the said Robert Henderson. The action,- Sweeney v. Henderson, was entered at the January term, 1891, of the Supreme Judicial…
1Opinion of the CourtWalton, J.
This is an action by two co-partners against a woman for whom they contracted to build a house.
It appears that before the commencement of the action she had been summoned as the trustee of one of them, and consented to be charged for half the amount then due to both of them. This was’ done without notice to the other co-partner; and the question is whether such a judgment is binding upon him. Clearly not.
It is settled law in this State that, when one of the members < of a firm is sued for his individual debt, and a debtor of the firm is trusteed, notice of the fact must be given to the other…
2Cited by1 opinion
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