McGown v. Sprague
Supreme Court of Alabama
Error to the Chancery Court of Tuskaloosa. Heard before the Hon. Jambs B. Clark. This bill was filed by Henry McGown, the plaintiff in error, in behalf of himself and others, against his late co-partner, George Sprague, and others.
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Error to the Chancery Court of Tuskaloosa. Heard before the Hon. Jambs B. Clark. This bill was filed by Henry McGown, the plaintiff in error, in behalf of himself and others, against his late co-partner, George Sprague, and others. The bill alleges that the complainant and said Sprague, prior to the 4th day of February, 1850, were merchants and co-par tners in the city of Tuskaloosa, doing business under the style of Sprague & McGown ; that on the 4th February, 1850, the said firm was dissolved, the complainant selling out to the said Sprague his entire interest in the concern, an d the said…
1Opinion of the CourtGibbons, J.
The equity of the bill filed by complainant is attempted to be sustained by counsel on two grounds : first, under the statute of 1846, viewing the bill and the proceedings under it purely as a statutory proceeding; and secondly, it is insisted that the bill contains equity on its face independent of the statute.
Upon the first ground assumed, it is insisted that the relation which the complainant, McGown, held to the defendant, Sprague, after the dissolution of the partnership, and after the complainant had sold out his interest in the concern, was that of a surety for the payment of the…
2Cases cited3 opinions
- Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
- Kitchen v. LeeNew York Court of Chancery · 1844
- Deveau v. FowlerNew York Court of Chancery · 1831
3Cited by8 opinions
- Warren v. TaylorSupreme Court of Alabama · 1877
- Kirksey v. FikeSupreme Court of Alabama · 1855
- Newton v. SummeySupreme Court of Georgia · 1877
- Brown v. BurnumSupreme Court of Alabama · 1892
- Smith v. MooreSupreme Court of Alabama · 1859
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