Johnston & Co. v. Dutton's Adm'r
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried beforo the Hon. Alex. MoKtnstet. This action was brought by Charles W. Dorraucc, as administrator of William Dutton, deceased, against William Johnston and Samuel Fogg, partners under the firm name of Wm. Jolmston & Co., to recover the amount of two promissory notes ; one for $157 82, dated January 8,1853, and due on that day, and the other for $149 47, dated December 17, 1852, and due on that day.
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Appeal from the City Court of Mobile. Tried beforo the Hon. Alex. MoKtnstet. This action was brought by Charles W. Dorraucc, as administrator of William Dutton, deceased, against William Johnston and Samuel Fogg, partners under the firm name of Wm. Jolmston & Co., to recover the amount of two promissory notes ; one for $157 82, dated January 8,1853, and due on that day, and the other for $149 47, dated December 17, 1852, and due on that day. The defendant William Johnston filed a special plea of non est factum, verified by affidavit, averring that “ the notes upon, which this actio» is…
1Opinion of the Court
GOLETHWA1TE, J.
The evidence in this case tended to show that appellants and one Vanderslice carried on in co-partnership a steam saw-mill, which, by the articles of copart-nership, was to continue at least five years; that the note sued on was given with the concurrence of two of the partners, Eogg and Vanderslice, for supplies necessary for the han ds engaged in carrying on the mill, which had been ordered by one of them. Upon these facts alone, there can be no doubt that the firm would bo bound. The furnishing of the supplies to those engaged in the immediate direction of the business, was…
2Cases cited2 opinions
- Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
- Feigley v. SponebergerSupreme Court of Pennsylvania · 1843
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- Waring & Son v. Grady'sSupreme Court of Alabama · 1873
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