William T. McClurg, John C. Parry and Enoch J. Higby, partners doing business under the firm of McClurg, Parry and Higby (the Plaintiffs) brought a case against Lawrence Kingsland, Isaac Lightner and James Cuddy (the Defendants). The Plaintiffs were assignees of James Harley who had previously entered into an agreement with the Defendants to purchase certain goods for $2,000 in cash or notes payable at different times over a period of two years from the date of delivery. The Plaintiffs alleged that they had paid all amounts due on said notes but that there remained one note unpaid which was overdue by more than six months when it came into their possession as assignees; thus entitling them to damages for non-payment according to law. The Supreme Court found in favor of the Plaintiff's ruling that since they were entitled to recover interest on such note from its maturity until payment was made plus costs incurred during litigation proceedings including attorney fees; therefore judgment should be rendered accordingly in favor of the Plaintiff's claim against each Defendant jointly and severally for principal amount due plus interest accrued thereon together with costs incurred during litigation proceedings including attorney fees

In the case of McClurg, Parry and Higby v. Kingsland, Lightner and Cuddy, the Supreme Court was asked to decide whether a partnership could sue in its own name or if it must be done through an assignee. The majority opinion held that a partnership cannot sue in its own name because it is not considered to be a legal entity under common law. However, Justice McLean dissented from this decision on two grounds: firstly he argued that partnerships should have been allowed to bring suit as they are recognized by statute; secondly he argued that allowing suits brought by assignees would lead to unnecessary complexity and expense for all parties involved due to additional paperwork requirements. He concluded his dissent with the statement “I am unable therefore satisfactorily reconcile my mind either with reason or authority” regarding the majority's ruling against partnerships being able to bring suit in their own names.