In re Weston

Massachusetts Supreme Judicial Court

In re Weston

53 Mass. 1

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1846

StatusPublished

This text of 53 Mass. 1 (In re Weston) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Weston, 53 Mass. 1 (Mass. 1846).

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Opinion

By the court.

As the sureties signed their individual names to the note, and there is no evidence that they meant to act in their partnership capacity, the legal result is, that they bound themselves individually, and not as partners. The master, therefore, should have allowed the note to be proved against their separate estates; and the case must be remitted to him, with directions to allow it to be so proved, according to the appellant’s petition.

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By the court.

As the sureties signed their individual names to the note, and there is no evidence that they meant to act in their partnership capacity, the legal result is, that they bound themselves individually, and not as partners. The master, therefore, should have allowed the note to be proved against their separate estates; and the case must be remitted to him, with directions to allow it to be so proved, according to the appellant’s petition.

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Bluebook (online)

53 Mass. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weston-mass-1846.