Robinson v. Bohn Manufacturing Co.

Mississippi Supreme Court October 15, 1893

Robinson v. Bohn Manufacturing Co., 71 Miss. 95 (Miss. 1893)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The general issue pleaded admits the execution' of the instrument sued on by the Southern Hotel Company, which, it appears from both pleadings and evidence, was composed pf the three natural persons sued and an artificial person not summoned; and whether they constituted a partnership or not is wholly immaterial, and the statement to that effect in the declaration may be disregarded as surplusage.

Failure to take issue on the plea denying partnership, or to notice it in any way, is no ground for reversal.

Affirmed.

Reference

Full Case Name: C. W. Robinson v. Bohn Manufacturing Co.
Status: Published
Syllabus: Pleading. General issue, what it admits. Immaterial error. In a suit against several on a draft accepted by defendants in the name of a company, the plea of general issue admits the execution of the instrument, and renders immaterial an averment that defendants were partners; and, it appearing that they composed the company, a judgment for plaintiff will not be affected by the failure to reply to a special plea denying the partnership.