Hall v. Green & Co.
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Tried before lion. Leroy F. Box. The appellees sued Oliver L. Hall, Alexander H. Mackey and Luther C. Hall, the appellants, in assumpsit on an account. They are not described in the complaint as partners.
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Appeal from DeKalb Circuit Court. Tried before lion. Leroy F. Box. The appellees sued Oliver L. Hall, Alexander H. Mackey and Luther C. Hall, the appellants, in assumpsit on an account. They are not described in the complaint as partners. The appellees having shown that the appellants were members of a partnership trading under the firm name of Hall, Mackey & Co.,, they were allowed by the court, against the appellants’ objection, to show that Hall, Mackey & Go. were indebted to them on account, and the appellants excepted. The court, at the appellee’s written request, charged the jury that “…
1Opinion of the Court
SOMEEYILLE, J.-
The judgment of the Circuit Court in this case must be affirmed, outlie authority of Hall v. Cooke, ante, p. 87. It is there held, that the effect of our statutes is to render all partnership contracts and obligations, given within the scope of partnership dealings, severed as well as joint, whether they are verbal or in writing. They are the contracts of each individual, as well as of the firm, and, therefore, the members of the firm may be sfied on them severally, or the partnership may be sued jointly as such, at the option of the plaintiff. — Code of 1876, | 2901;…
2Cases cited1 opinion
- McCulloch v. JuddSupreme Court of Alabama · 1852
3Cited by2 opinions
- Russell v. GarrettSupreme Court of Alabama · 1883
- Terrell & Vincent v. Hurst, Miller & Co.Supreme Court of Alabama · 1884