Bumpass v. Webb
Supreme Court of Alabama
Assumpsit in the Circuit Court of Lauderdale county, by John Webb against Gabriel Bumpass, for money had and received, paid and advanced, &c.; general issue. Verdict and judgement for plaintiff.
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Assumpsit in the Circuit Court of Lauderdale county, by John Webb against Gabriel Bumpass, for money had and received, paid and advanced, &c.; general issue. Verdict and judgement for plaintiff. On the trial, the defendant offered in evidence, the plaintiff’s answer, and exhibits annexed, to a bill in Chancery of Bumpass complainant v. John and Jesse Webb, to prove, that the defendant in this action and said John and Jesse Webb were partners in the transaction which produced this suit, and read a part of the answer and exhibits, and assented that the counsel for the plaintiff might read the…
1Opinion of the Court
JUDGE CRENSHAW
delivered the opinion of the • Court.
The defendant introduced the answer and exhibits as evidence, assenting that the plaintiff might have the entire benefit of them. The whole of them were then before the *20jury, and either party, at any stage of the argument, bad a right to refer to, and to read all or any part of them.
Though a partner cannot maintain an action at law, against his copartner, on a transaction concerning the co-partnership, he may maintain such action for the excess which he has contributed over and above his proportion, of the joint stock.
If the contract was,…
2Cited by5 opinions
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- Scott v. CampbellSupreme Court of Alabama · 1857
- Jones v. CadeAlabama Court of Appeals · 1922
- Tiner v. StateSupreme Court of Alabama · 1960