There could not be a recovery at law,upon the bond, against Pasteur’s executors one partner, cannot bind another by bond ; the plaintiff’s relief was in this court under such circumstances : The plaintiff failed at law, because he had chosen the wrong jurisdiction ; and if he could now be told, you cannot recover here, because of your failure at law, it would be very absurd* Decree for the plaintiff.
Blanchard v. Pasteur's executors, 3 N.C. 393, 2 Hayw. 393 (1806)
April 1806
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North Carolina Superior Court
3 N.C. 393, 2 Hayw. 393
Blanchard and others vs. Pasteur's executors.
/^¡.ILMOUR and Pasteur were partners in trade, though the fact was denied both now and upon the trial at law. Gil-mour purchased goods of the plaintiffs, and gave a bond signed Gilmour, & Co. An action at law was instituted on the bond, after the death of Gilmour and Pasteur, against Pasteur’s executors, and judgment was upon the merits in that suit for the defendant. This bill in equity was to compel payment of the money for which the goods were sold, from Pasteur’s executors» The suit at law and judgment was pleaded to this bill.