Virginia-Carolina Chemical Co. v. Fisher

Citations

• 58 Fla. 377

Syllabus

<p>1. Where parties are sued upon notes alleged to have been executed by them as a partnership under such conditions as import a joint liability, pleas which simply deny that the notes were executed by them as a partnership and which do not deny a joint liability, present no defense to the declaration.</p> <p>2. Parties may be stockholders in a corporation and yet may so deal with others as to be liable as partners.</p> <p>3. The fact that a corporation of which the defendants are stockholders has been adjudged a bankrupt, does not relieve those stockholders of debts contracted by them as partners.</p> <p>4. In a plea of res adjudicata there must be, first, identity in the thing sued for; second, identity of the cause of action; third, identity of person and parties to. the action; and, fourth, identity of the quality in the persons for or against whom the claim is made.-</p> <p>5. A married woman’s notes under the constitution and laws of Florida are void, and affords no basis for a common law suit.</p> <p>6. A married woman under the constitution and laws of Florida cannot be a member of a partnership, so as to make herself liable personally for its debts, and a contract by her is incapable of ratification after the death of her husband.</p>