Brandon v. Progress Distilling Co.
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hou. D. W. Speake. Action by tbe Progress. Distilling Company against D. S. Brandon, in assumpsit. Judgment for plaintiff and defendant appeals.
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Appeal from Madison Circuit Court. Heard before Hou. D. W. Speake. Action by tbe Progress. Distilling Company against D. S. Brandon, in assumpsit. Judgment for plaintiff and defendant appeals. All tbe evidence appears of record and tbe judgment is so manifestly against tbe evidence that tbe court will review it and render a proper verdict. — Natve v. Gardner, 70 Ala. 443; Ward v. Albertville, 130 Ala. 599. Counsel discusses assignments of error seriatum, but without citation of authority. The judgment is not so plainly erroneous as to authorize tbe setting aside of the verdict. — Wood,rom v.…
1Opinion of the CourtSayre, J.
Donegan & Lacy had purchased whisky from the Progress Distilling Company. Suit for the purchase price was brought against Brandon on the theory that he was a member of the firm. This the appellant denied, claiming that he had been involved in the affairs of the partnership as a creditor only, and that his activity about the business' constituted nothing more than an effort to collect certain money for which he had become liable as a. surety, but not as a partner. This issue was tried by the court without a jury, and the chief contention here relates to the correctness of the conclusion…
2Cases cited8 opinions
- Black v. PateSupreme Court of Alabama · 1900
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- McVay v. StateSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Addison v. SalyerSupreme Court of Virginia · 1946
- Spooney v. StateSupreme Court of Alabama · 1928
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Colvin v. StateSupreme Court of Alabama · 1945
- Penton v. PentonSupreme Court of Alabama · 1931
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