Northern v. Tatum
Supreme Court of Alabama
Appeal from Clay Chancery Court. Heard before Hon. W. W. Whiteside. Bill by J. W. Tatum against A. A. Northen and another, to dissolve and settle a partnership, and for other purposes. From a decree for complainants respondents appeal.
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Appeal from Clay Chancery Court. Heard before Hon. W. W. Whiteside. Bill by J. W. Tatum against A. A. Northen and another, to dissolve and settle a partnership, and for other purposes. From a decree for complainants respondents appeal. One partner cannot sue another as to partnership matters until there has been a settlement and a balance struck — Minor, 103; 4 Port. 497; 1 Stew 19; 10 Ala. 690; 58 Ala. 618; 82 Ala. 459. The bill was not sufficient. — 2 Mayf. 19. If the bill sought to charge the managing partner with the losses, it should have averred, bad faith or culpable negligence on his…
1Opinion of the CourtMcCLELLAN, J.
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That the bill here possesses equity-' in the respect that it seeks a settlement and dissolution of a partnership composed of complainant (appellee)- and respondents (appellants) cannot be doubted. — Tut wiler v. Dugger, 127 Ala. 191, 28 South. 677. Hence the general demurrer, assailing the bill for want of equity was properly overruled.
Many of the questions raised by the numerous grounds of demurrer to the bill are determinable by a construction of the contract whereby the partnership was formed, and in which instrument property (timber) of the complainant was undertaken to be dealt with in…
2Cases cited1 opinion
- Tutwiler v. DuggerSupreme Court of Alabama · 1899
3Cited by9 opinions
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Sanders v. Kirkland & Co.Supreme Court of Alabama · 1987
- Coker v. CokerSupreme Court of Alabama · 1922
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
- Smith v. WitcherSupreme Court of Alabama · 1912
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