Belote's Executors v. Wynne
Tennessee Supreme Court
Stephen R. Roberts, Thomas Roberts, and Alfred R. Wynne, were partners in trade; during the partnership they borrowed from Belote $400, and gave a promissory note in the name of the firm, for the money. The trading was doae in the name of Stephen R. Roberts & Co. About 1827, Belote becoming unwilling longer to indulge the debtors, directed Swancy, who did business for him, to collect the note.
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Stephen R. Roberts, Thomas Roberts, and Alfred R. Wynne, were partners in trade; during the partnership they borrowed from Belote $400, and gave a promissory note in the name of the firm, for the money. The trading was doae in the name of Stephen R. Roberts & Co. About 1827, Belote becoming unwilling longer to indulge the debtors, directed Swancy, who did business for him, to collect the note. Stephen R. Roberts, who seems to have been the active partner, being unwilling to be sued in court, offered to give small notes, and to confess judgments on them before a magistrate. Six notes for…
1Opinion of the Court
GatRon, Ch. J.
delivered the opinion of the court.
A material question in this case is, whether after the-dissolution of a partnership, a debt barred by' time, can be revived by one of the late firm; and by such new promise to pay, grounded on the old consideration, every other partner will be bound.
Wynne is sought to be charged on the first note. This claim was clearly barred. Did the promise to pay off Stephen R. Roberts some five years after the partnership had been dissolved, bind Wynne? The British and American authorities are so confused and cpntradictory, that an attempt to reconcile…
2Cases cited5 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Brown v. CampbellSupreme Court of Pennsylvania · 1814
- Fries v. BoisseletSupreme Court of Pennsylvania · 1822
- Konig v. BayardSupreme Court of the United States · 1828