¶1charged,—1st. That the plaintiff could not recover on the special count on the single bill of Jones & Spence, because the bill being under seal was obligatory on Spence alone, and was not the deed of Jones; as Spence had no authority to bind his partner by such an instrument. 2d. That he could not recover on the count for money lent, because the taking the single.bill of Spence for the money' so lent, extinguished the remedy on the simple contract against the partners; and the plaintiff’s remedy was against Spence alone on the bill. Whereupon the plaintiff suffered a nonsuit.
4 Del. 428
Morris v. Jones & Spence
Decided July 1, 1846
Superior Court of Delaware · decided 1846-07-01
' This was an action of debt on a sealed instrument, executed by John Spence, in the name of Jones & Spence, for money borrowed by the firm. The declaration was special on the instrument, and the common money counts were added.
Decided 1846-07-01