M'Coll v. Oliver
Supreme Court of Alabama
Joseph Oliver declared against Alexander M‘Coll, in the Circuit Court of Conecuh county, in assumpsit. The declaration contained three counts, the first of which was special, setting out an instrument signed by M‘Coll, as follows: “On a final adjustment of the copartnership business between Alexander M‘Coll and Joseph Oliver, who have been engaged in the business of merchandize, and which copartnership was dissolved on the 1st of September, 1824. The said Alexander M'Coll…
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Joseph Oliver declared against Alexander M‘Coll, in the Circuit Court of Conecuh county, in assumpsit. The declaration contained three counts, the first of which was special, setting out an instrument signed by M‘Coll, as follows: “On a final adjustment of the copartnership business between Alexander M‘Coll and Joseph Oliver, who have been engaged in the business of merchandize, and which copartnership was dissolved on the 1st of September, 1824. The said Alexander M'Coll assumes the payment of all the debts due from said firm, up to its dissolution, and acknowledges that there is due the…
1Opinion of the Court
By JUDGE PERRY.
The first assignment involves the construction of the instrument declared on, as to the intention and object of the parties in making it. Their intention appears to have been a final settlement of the business of their copartnership, for they have so expressed it. This being their intention, the object to be attained was the ascertainment of the situation of the copartnership, and what was due to the members of the firm. This being done, M‘Coll takes upon himself (he payment of all the debts of the firm, and acknowledges the sum specified in the instrument to be due to Oliver;…
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