Hodges v. Dawes & Co.
Supreme Court of Alabama
Whit of Error to the Circuit Court of Mobile county. Assumpsit by Dawes & Co. against Hodges, to recover the amount of an account for a carriage and setts of harness. At the trial, the deposition of one Mitchell, was .offered by the plaintiffs, and resisted by the defendant, upon the ground that the witness was interested in the event of the suit. The witness deposed, that he was the agent of the defendant, under a written power of attorney, which he produces and proves.
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Whit of Error to the Circuit Court of Mobile county. Assumpsit by Dawes & Co. against Hodges, to recover the amount of an account for a carriage and setts of harness. At the trial, the deposition of one Mitchell, was .offered by the plaintiffs, and resisted by the defendant, upon the ground that the witness was interested in the event of the suit. The witness deposed, that he was the agent of the defendant, under a written power of attorney, which he produces and proves. Under this he purchased a carriage and setts of harness from the plaintiffs, to be paid for by three drafts, drawn by him…
1Opinion of the Court
. GOLDTHWAITE, J.
We were strongly inclined at first, to consider the witness in this cáse and the defendant, jointly liable as partners, to the plaintiffs for the price of the goods purchased by the former in the name of the latter; and that as a consequence of his liability as a partner, the witness was not compe*217tent to fix a liability on another in the same relation. [Lewis v. Post & Main, 1 Ala. Rep. N. S. 65; Ripley v. Thompson, 12 Moore, 55; Marquand v. Webb, 16 John. 89.] But, subsequent reflection has satisfied us that he is not in any manner liable to the plaintiffs, at least, that he…
2Cases cited3 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Marquand v. WebbNew York Supreme Court · 1819
3Cited by5 opinions
- Smith's v. GarthSupreme Court of Alabama · 1858
- Bains Motor Co. v. Le CroySupreme Court of Alabama · 1923
- Chapline, Lewis & Co. v. Conant & WheatWest Virginia Supreme Court · 1869
- Scott v. CampbellSupreme Court of Alabama · 1857
- Emanuel v. DraughnSupreme Court of Alabama · 1848