Massachusetts Supreme Judicial Court, 1846

In re Weston

In re Weston
Massachusetts Supreme Judicial Court · Decided October 15, 1846
53 Mass. 1

In re Weston

Opinion of the Court

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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