Hill v. M'Neil
Supreme Court of Alabama
Error to the County court of Wilcox county. Assumpsit, by a surviving partner for goods, wares, and merchandise, sold and delivered to the- defendant, by the co-partnership.
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Error to the County court of Wilcox county. Assumpsit, by a surviving partner for goods, wares, and merchandise, sold and delivered to the- defendant, by the co-partnership. At the July term, eighteen hundred and thirty-five, of the County court of Wilcox county, the plaintiff below, filed his declaration, as follows: John McNeil, surviving partner of the late firm of Robert Martin and John McNeil, trading in partnership, under the name of Martin & McNeil — complains of Rhydon G. Hill, in custody, &c. of a plea of trespass on the case on promises, &c. For that, whereas the defendant…
1Per curiam
The sufficiency of the declaration in this case is called in question, for the first time, by the assignment of errors in this court. — If, therefore, a substantial cause of action is stated therein, the objection can not prevail.
The suit is prosecuted by McNeil, as the survivor of Martin. The allegation in the declaration is, that the defendant below was indebted to the plaintiff, for goods, wares and merchandise, by the said Martin & McNeil, before that time, sold and delivered. This indebtedness could alone arise to the plaintiff, by the death of Martin; and after verdict, we must connect…
2Cited by2 opinions
- Bernard v. WilcoxNew York Supreme Court · 1801
- Tisdale v. TroySupreme Court of Alabama · 1907