Morrow v. Riley
Supreme Court of Alabama
Error to the County Court of Monroe. Before the Hon. Rufus C. Torrey, Judge. Action of assumpsit, by defendant, against the plaintiff in error, on the money counts. By bill of exceptions, it appears, that the parties were partners, under the name and style of Riley & Morrow, in the Monroe Springs, and kept a house of entertainment.
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Error to the County Court of Monroe. Before the Hon. Rufus C. Torrey, Judge. Action of assumpsit, by defendant, against the plaintiff in error, on the money counts. By bill of exceptions, it appears, that the parties were partners, under the name and style of Riley & Morrow, in the Monroe Springs, and kept a house of entertainment. A witness proved, that he was called on by them, to make out an account current, from the books in the possession of the parties, and that there was' a verbal agreement, that they should settle by the balance found by the witness, and if they could not agree upon…
1Opinion of the CourtCollier, C. J.
It does not appear from the record, that the partnership between the parties in the Monroe Springs and house of entertainment was dissolved, even at the time of the trial in the county court; but conceding that it was previous to the institution of the suit, and the question is, *712whether there had been such an adjustment of the accounts, as authorised the plaintiff to recover in the present action the balance alleged to be due him ? In Phillips v. Lockhart, 1 Ala. Rep. 521, it was decided, that a party cannot maintain an action at law for money paid by him, on account of a partnership between…
2Cases cited2 opinions
- Grigsby's ex. v. NanceSupreme Court of Alabama · 1842
- Philips v. LockhartSupreme Court of Alabama · 1840
3Cited by4 opinions
- BROADMOOR RLTY., INC. v. First Nationwide BankSupreme Court of Alabama · 1990
- Broda v. GreenwaldSupreme Court of Alabama · 1880
- Haynes v. ShortSupreme Court of Alabama · 1889
- Davenport v. WittSupreme Court of Alabama · 1924