Bank of Waynesboro v. Healing Springs Merc. Co.
Supreme Court of Alabama
Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by the Bank of Waynesboro against John P. Loper and another, individually and as partners doing business as the Healing Springs Mercantile Company. Prom a judgment for defendants, plaintiff appeals. The pleas were as follows: (1) The general issue.
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Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by the Bank of Waynesboro against John P. Loper and another, individually and as partners doing business as the Healing Springs Mercantile Company. Prom a judgment for defendants, plaintiff appeals. The pleas were as follows: (1) The general issue. (2) “The defendants say that at the time of the matters and things complained of in the complaint they were not partners doing business under the firm name and style of Healing Springs Mercantile Company.”' (3) “That the said note upon which the cause of action Avas…
1Opinion of the CourtMayfield, J.
Appellant sued appellees as individuals and as a partnership. The suit was upon a promissory note, signed by the partnership, per one of the defendants as manager, and indorsed by the other. The defendants admitted the execution of the note as above described. Defendants filed pleas denying the partnership, but alleging that Healing Springs Mercantile Company was an individual business, owned by one M. A. J. Loper, and managed by John F. Loper. Appellant filed replications to these pleas, setting up *499that the parties by their acts had estopped themselves from denying the existence of their…
2Cited by1 opinion
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