Files v. McLeod
Supreme Court of Alabama
Error to the Circuit Court of Wilcox. Before the Hon. E. Pickens. Assumpsit by the plaintiff in error, against the defendant in error, executor of Robert G. Gordon.
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Error to the Circuit Court of Wilcox. Before the Hon. E. Pickens. Assumpsit by the plaintiff in error, against the defendant in error, executor of Robert G. Gordon. Upon the trial of the cause, as shown by a bill of exceptions, it appeared, that Gordon, as an attorney at law, had brought a suit in the circuit court of the United States, at Mobile, and that pending the suit, and after it was dismissed, he had promised the plaintiff, who was clerk of the court, to pay him his costs. It was also proved, that Gordon and Henry Goldthwaite, were partners in the practice of the law, .and upon the…
1Opinion of the CourtChilton, J.
Is the undertaking on the part of Gordon, the defendant’s intestate, within the statute of frauds ?
The facts are these: Gordon, where execution is now sued, was a member of the respective firms of Gordon & Goldthwaite, and of Gordon & Chandler. While these firms existed, they contracted partnership liabilities to the plaintiff in error for costs, as clerk of the district court of the United States. The firms dissolved, and Gordon, subsequent to the dissolution, promised Files to pay him the cost. He also promised to pay to Files certain costs which had accrued in the district court in the…
2Cited by3 opinions
- Aultman & Co. v. FletcherSupreme Court of Alabama · 1895
- Mulcrone v. American Lumber Co.Michigan Supreme Court · 1885
- Beall & Co. v. RidgewaySupreme Court of Alabama · 1850