Jemison & Sloan v. Dearing's Executors
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John Henderson. This action was brought by the executors of James H. Dearing, deceased, against Robert Jemison and Eletcher Sloan; and was commenced on the 1st March, 1862. In the summons the defendants were described as “ late co-partners, doing business under the firm name of Jemison Sloan”; but the complaint contained no such description, and averred the cause of action to be “ two promissory notes, made…
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John Henderson. This action was brought by the executors of James H. Dearing, deceased, against Robert Jemison and Eletcher Sloan; and was commenced on the 1st March, 1862. In the summons the defendants were described as “ late co-partners, doing business under the firm name of Jemison Sloan”; but the complaint contained no such description, and averred the cause of action to be “ two promissory notes, made by them, as follows: one note for six hundred dollars, made by them on the 20th day of December, 1859, and payable to the…
1Opinion of the CourtByrd, J.
1. The accounts introduced in evidence, against the objection of the appellant Jemison, tended to prove the existence of the partnership, at and previous to the dates of the notes sued on; but, as the partnership was thus proven by other admissible and uncontroverted testimony, the admission of such accounts as evidence was *290clearly an error without injury.—Shepherd’s Digest, 568, § 90; Jemison v. Smith, 37 Ala. 185 ; Mauldin v. Br. Bank at Mobile, 2 Ala. 502.
2. When one partner affixes the name of the firm to a promissory note, during the existence of the partnership, the partners are, prima…
2Cases cited3 opinions
- Hartness v. ThompsonNew York Supreme Court · 1809
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Jemison v. SmithSupreme Court of Alabama · 1861
3Cited by11 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Tayloe v. BushSupreme Court of Alabama · 1883
- Warren v. TaylorSupreme Court of Alabama · 1877
- Guice v. ThorntonSupreme Court of Alabama · 1884
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