Wells v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 27th December, 1879, by James "Wells, as the administrator of William Wells, deceased, against Joseph A. Brown, as the surviving partner of the late firm of Brown & Wells; and sought an account and settlement of the affairs of the said partnership.
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Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 27th December, 1879, by James "Wells, as the administrator of William Wells, deceased, against Joseph A. Brown, as the surviving partner of the late firm of Brown & Wells; and sought an account and settlement of the affairs of the said partnership. The partnership of Brown & Wells, according to the allegations of the bill, was formed in 1857, and carried on a mercantile business at Whitesburg in said county, “ until broken up by the war in 1862; and it was then expressly…
1Opinion of the CourtSomeeyille, J.
— The bill is one for the settlement of a dissolved copartnership, filed against the surviving partner by the personal representative of the deceased partner. Such a suit is barred in equity unless commenced within six years of the last item of debit or credit, or other like partnership transaction, on an account between the partners, from which a promise on the part of the defendant may be implied to pay any balance that might be due by him on final settlement. — Bradford v. Spyker, 32 Ala. 134; Brewer v. Browne, 68 Ala. 210.
Under this rule the present suit is barred, and can not be…
2Cases cited2 opinions
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Brewer v. BrowneSupreme Court of Alabama · 1880
3Cited by9 opinions
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Moore v. MooreSupreme Court of Alabama · 1951
- Stovall v. ClaySupreme Court of Alabama · 1895
- Haynes v. ShortSupreme Court of Alabama · 1889
- Ruth v. FlynnColorado Court of Appeals · 1914
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