¶1As the sureties signed their individual names to the note, and there is no evidence that they meant to act in their partnership capacity, the legal result is, that they bound themselves individually, and not as partners. The master, therefore, should have allowed the note to be proved against their separate estates; and the case must be remitted to him, with directions to allow it to be so proved, according to the appellant’s petition.
53 Mass. 1
In re Weston
Massachusetts Supreme Judicial Court
Decided October 15, 1846
Massachusetts Supreme Judicial Court · decided 1846-10-15
This was an appeal from a decree of a master in chancery. The appellant set forth the following facts: On the 17th of June 1846, Isaac B. Rich and Isaac Tribble of Plymouth, partners in trade, petitioned a master in chancery for the benefit of the insolvent laws, and a warrant was issued by the master. An assignee of their estates, joint and separate, was chosen by their creditors.
Decided 1846-10-15