Edgar v. Cook
Supreme Court of Alabama
Whit of Error to the Circuit Court of Wilcox county. This is an action of assumpsit against Cook, as the administrator de bonis non of Jesse W. Norwood, deceased, on several notes described in the declaration, as made by. the firm of Garrison, Ryan & Co. of which firm Norwood is averred to have been a member.
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Whit of Error to the Circuit Court of Wilcox county. This is an action of assumpsit against Cook, as the administrator de bonis non of Jesse W. Norwood, deceased, on several notes described in the declaration, as made by. the firm of Garrison, Ryan & Co. of which firm Norwood is averred to have been a member. An agreed case was made between the parties, which declares these facts: In February, 1837, Jesse W. Norwood, William C. Garrison and Joseph S. Ryan, entered into co partnership, under the firm name of Garrison, Ryan & Co. for the purpose of merchandizing, at Prairie Bluff, Alabama. By…
1Opinion of the CourtGoldth Waite, J.
The only matter to be determined in this suit is, whether a clause in partnership articles, by which the partners agree that the partnership shall continue for a specified term, notwithstanding the death of one or more of the partners, can have the effect, when considered in connection with the act of 1839, to render the administrator of the estate of a deceased partner liable at law upon a contract made by the surviving partners.
The effect of a clause in partnership articles, like those before us, to confer rights on the surviving partners, or to impose duties on the personal representatives…
2Cases cited1 opinion
- Alsop v. MatherSupreme Court of Connecticut · 1831
3Cited by5 opinions
- Houston v. StantonSupreme Court of Alabama · 1847
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Cunningham v. Bragg & Co.Supreme Court of Alabama · 1861
- Stewart v. RobinsonNew York Supreme Court · 1888
- Strange v. GrahamSupreme Court of Alabama · 1876