Carter's Ex'or v. Currie
File:CallsReports1833V5Carter'sEx'orvCurrie.pdf
Carter's Ex'or v. Currie, Call Vol. V 158 (1804),[1] was a case where the court determined whether both partners of a company are required to be parties in a suit against the business.
Background
Carter and Trent were business partners. After Carter’s death a suit was filed by Currie against Trent and Carter’s executor. While the suit was pending in Court, Trent died. Carter’s executor answered the suit stating that Trent had an obligation to pay the debt as well as raised jurisdictional objections. However, a suit was not refiled against Trent’s executors.
The Court's Decision
Chancellor Wythe decreed that Carter’s executors should pay the debt. The appellate court reversed stating that the proper parties were not made on the bill since Trent’s executors were not included.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Decided in the Court of Appeals of Virginia, (Richmond: R. I. Smith, 1833), 158.
