14 La. 362 | La. | 1840
delivered the opinion of the court.
The plaintiff appeals from a judgment of non-suit. He slates that having consented to endorse bills of exchange and promissory notes for defendants to a considerable amount, he received of them, by notarial act, the transfer of a certain steam saw-mill and lot of ground; that said sale was thus passed to him for the purpose of securing and indemnifying him against any. loss from such endorsements, and was intended to have the effect and operation of a mortgage; that under this agreement, his endorsements were given on their paper to the amount of twenty-four thousand and twelve dollars forty-four cents, which is now due, and for which he is liable towards the holders thereof. He prays for judgment against the defendants in solido, and for the sale of the property ; and that the proceeds may be applied to the payment of said debt.
The opinion we have formed in relation to the service of the petition and citation in this case, renders unnecessary the examination of several questions which arose on the trial. The evidence shows that the firm sued here is composed of six individuals, one of whom only, to wit: John Cummings, was served with process of citation. This would have béen sufficient had the firm been a commercial one; Code of Practice, article 198. But from the articles of co-partnership, it appears that these persons became associated and adopted a firm to carry on the business of constructing the Wfest Feli-ciana Rail Road. This formed between them an ordinary and particular partnership. We think that service should have been made on each and every partner; but it is contended that the issuing of notes and bills of exchange in the name of (heir firm brought the partners under the operation
It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.
