Smith Bros. v. Agee & Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Smith Brothers & Company against W. C. ' Agee & Company. Judgment for defendant, and .plaintiff appeals. As originally brought, the action was by Smith Bros. & Co., a copartnership composed of A. E. Smith and N. C. Smith, against Walter C. Agee and W. C. Agee & Co., a copartnership composed of W. C. Agee and E. W. Rucker.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Smith Brothers & Company against W. C. ' Agee & Company. Judgment for defendant, and .plaintiff appeals. As originally brought, the action was by Smith Bros. & Co., a copartnership composed of A. E. Smith and N. C. Smith, against Walter C. Agee and W. C. Agee & Co., a copartnership composed of W. C. Agee and E. W. Rucker. The complaint was afterwards amended by eliminating all parties defendant except Walter C. Agee. The fifth count sufficiently appears from the opinion. Plea 3 is as follows: “Defendant W. C. Agee…
1Opinion of the CourtMcCLELLAN, J.
— Action for damages for slander. According to the authority of Hatcher v. Branch, Powell & Co., 141 Ala. 410, 37 South. 690, and Greer & Walker v. Liipfert-Scales Co., 156 Ala. 572, 47 South. 307, this action is by the individuals (named in the caption of the complaint) composing the copartnership, and not by the copartnership.
*631The demurrer, filed August 24, 1909, was, in consequence, not well taken.
The defendants to the action (before amendment) were Walter C. Agee and W. C. Agee & Co., composed of Walter C. Agee and Edmund W. Rucker. Since “slander,” differing from libel (see Atlantic Glass…
2Cases cited17 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Callahan v. IngramSupreme Court of Missouri · 1894
- Fresh v. CutterCourt of Appeals of Maryland · 1890
- Ferdon v. DickensSupreme Court of Alabama · 1909
- Singer Manufacturing Co. v. TaylorSupreme Court of Alabama · 1907
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3Cited by23 opinions
- Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Berry v. City of New York Ins. Co.Supreme Court of Alabama · 1923
- Kenney v. GurleySupreme Court of Alabama · 1923
- McDaniel v. Crescent Motors, Inc.Supreme Court of Alabama · 1947
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