Carnes v. McNeal

Beasley, Chief Judge.

Carnes filed a “complaint on an oral partnership agreement” against McNeal, seeking to recover monies Carnes paid into a corporate bank account. McNeal sought, and was granted, partial summary judgment on the ground that the incorporation of the partnership business terminated the partnership.

The following facts are uncontested. Carnes and McNeal entered into a partnership through which they operated a trucking business. After deciding to incorporate, they opened a corporate bank account and used it as their depository to conduct the business. Articles of incorporation…