Rice v. Patterson

Citations

• 92 Miss. 666
• 46 So. 255

Syllabus

<p>X. Pleadings. Abatement. Bar. Joinder. Code 1892, §§ 682, 683, 684,</p> <p>Several pleas in abatement may be filed at the same time to the same declaration, and so may several pleas in bar; but a plea in abatement cannot be joined with a plea in bar, under Code 1892, §§ 682, 683, 684, governing the subject.</p> <p>2. Same. Partnership. Wferger into corporation.</p> <p>A plea to a declaration against partners averring that the promise counted upon in the declaration was not made by defendants but by an existing corporation having the identical name of defendants’ copartnership is not a plea in abatement but in bar and amounts to the general issue; and a plea in such case by one-of the defendants averring that the stock previously held by him in the corporation was assigned more than a year before the bringing of the suit is not a plea in abatement.</p> <p>3. Same. Examples of bad pleas.</p> <p>To a declaration against partners for goods sold and delivered them-by plaintiff pleas ■ are defective which respectively aver:</p> <p>(») That the copartnership had been merged into a corporation, without showing that the debt sued on was not contracted before-the merger; and</p> <p>(6) That the promise counted upon in the declaration was made-by an existing corporation which succeeded the copartnership, without showing that defendants were not liable for the debt sued on; and</p> <p>|(c) A separate plea by one of the defendants which merely pleads, that the copartnership had been succeeded by an existing corporation, that lie transferred tiie stock therein formerly held by him more than a year before the beginning of the suit and was not liable for the debts of the corporation contracted while he-owned the stock.</p> <p>4. Same. Partnership debí. Incorporation of partners. Notice.</p> <p>Partners cannot escape liability for goods purchased, after they have incorporated, by persons who previously had authority to bind them personally as partners, if the seller were without