Dabney v. Stidger

12 Miss. 749

• Court: Mississippi Supreme Court
• Decided: July 15, 1840
• Status: Published

Opinion

Mr Justice Turner

delivered the opinion of the court.

Appeal from the circuit court of Hinds county.

The only question raised in this case is whether the executor or administrator of a deceased partner is entitled to notice of the non-payment of a note indorsed by the partners as such.

The authorities are clear, and are believed to be uniform, that notice to one is notice to all. Bayley on Bills, 285; 1 Con. R. 368; 4 Cow. 126; 6 Louisiana, 684; 3 Litt, 251. But it must appear that they are partners. In this case it so appears. Persons being joint payees of a note, who severally indorse it, are entitled each to notice of non-payment. They being joint, does not necessarily constitute them partners. The act of assembly relied on by the appellant, found in Statute Laws of Mississippi, H. & H. 595, merely affects the remedy and not the right, and was passed to facilitate creditors in obtaining judgment for their just demands against one or all of several partners.