Hogan v. Reynolds
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. E. Pickeíts. Walker Reynolds commenced a suit, on a firm debt, against the firm of James A. Hogan & Co., which was composed of James A. Hogan, John F. Tompkies and John Hardie. Har-die died pending the suit, and judgment was afterwards rendered against tbe two surviving partners.
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Error to the Circuit Court of Talladega. Tried before the Hon. E. Pickeíts. Walker Reynolds commenced a suit, on a firm debt, against the firm of James A. Hogan & Co., which was composed of James A. Hogan, John F. Tompkies and John Hardie. Har-die died pending the suit, and judgment was afterwards rendered against tbe two surviving partners. After tbe rendition of tbe judgment, Benjamin A. Smoot paid tbe full amount of it to the plaintiff, and took from him an assignment of tbe judgment. Tbe money so paid to Beynolds by Smoot did not belong to tbe latter, but was furnished to him by Tompkies…
1Opinion of the CourtBargan, C. J.
— The case of Bartlett & Waring v. Lang, *594 Ala. 688, fully sustains the plaintiff in error, and shows that tbe court erred in tbe charge given to the jury. In that case, Bartlett & Waring had recovered a judgment against McRae, as surviving partner of McRae & Lang, on which execution had been issued, and was returned no property. After this, they sued Mrs. Lang, as the administratrix of Willis Lang, the deceased partner, and obtained judgment against her. She .then paid the amount of the judgment to Bartlett & Waring against McRae, and took an assignment of it to herself. McRae afterwards…
2Cases cited1 opinion
- Bartlett v. McRaeSupreme Court of Alabama · 1843
3Cited by12 opinions
- Zimmerman v. GaumerIndiana Supreme Court · 1899
- Montgomery v. VickeryIndiana Supreme Court · 1887
- Preslar v. StallworthSupreme Court of Alabama · 1861
- Smith v. HarrisonSupreme Court of Alabama · 1859
- National Bank v. CushingSupreme Court of Vermont · 1881
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