Marx Bros. v. Culpepper & Dupont

Citations

• 40 Fla. 322

Syllabus

<p>Plaintiffs, George Marx and John Marx, partners doing business as Marx Brothers, sued Andrew F. Culpepper and John E. Dupont, partners doing business as Culpepper & Dupont, defendants, and it was alleged in the declaration that defendants on a given date were indebted to plaintiffs in a certain sum for goods before that time sold and delivered by plaintiffs to 'the defendants at their request. Defendants filed separate pleas in abatement that neither was at the time of pleading, nor on the date mentioned in the declaration, nor at any intermediate time, a member of a copartnership composed of defendants, doing business as Culpepper- & Dupont, or otherwise: Held, On demurrer to pleas, that they presented immaterial issues and should not have been sustained.</p>