Hurt v. Clarke
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before tbe Hon. Geo. H. Craig. This action was brought by Peter T. Hurt, against C. J. Clarke; was commenced on the 27th October, 1874, and was founded on an account for goods, wares, and merchandize, sold and delivered to the defendant during the years 1871, 1872, and 1873, by the firm of Hurt, Corbin & Atkins, of which the plaintiff was a member, amounting to $540.66. The complaint contained two counts; the first claiming the…
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Appeal from the Circuit Court of Dallas. Tried before tbe Hon. Geo. H. Craig. This action was brought by Peter T. Hurt, against C. J. Clarke; was commenced on the 27th October, 1874, and was founded on an account for goods, wares, and merchandize, sold and delivered to the defendant during the years 1871, 1872, and 1873, by the firm of Hurt, Corbin & Atkins, of which the plaintiff was a member, amounting to $540.66. The complaint contained two counts; the first claiming the said amount as due by account for goods sold by said firm, alleging that it was due on the 1st October, 1873, and was…
1Opinion of the Court
BBICKELL, C. J.-
It is a legal consequence of all mercantile partnerships, that each partner is the general agent of the firm, in all transactions within the scope of its business. Within the range of ifs ordinary business, his acts *23and engagements are as binding on the firm, as if all the members had united in them. Partnerships are formed for the common benefit of all the partners, not for the exclusive individual benefit of either partner; and contracts made by one, on his own account, for his own benefit, to the injury of the other partners, are without the scope of the partnership…
2Cases cited6 opinions
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Burwell & Clarke v. SpringfieldSupreme Court of Alabama · 1849
- Pierce & Baldwin v. Pass & Co.Supreme Court of Alabama · 1834
- White v. TolesSupreme Court of Alabama · 1845
- Strong v. Gatlin's Adm'rSupreme Court of Alabama · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
- United Drug Co. v. Gramling-Belcher Drug Co.Supreme Court of Alabama · 1927
- Spencer v. Bley Bros.Supreme Court of Alabama · 1936
- Alabama Cabinet Works v. Benson Hardware Co.Supreme Court of Alabama · 1929
- Wagner v. Simmons & Co.Supreme Court of Alabama · 1878