Harwell v. Phillips & Buttroff Manfg. Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Henry. Tried before the Hon. J. W. Foster. On November 3, 1894, appellee instituted suit against appellant upon a note executed on April 27th, 1891 and payable November 1st, 1891. The note was signed in the name of “J F. Roper & Co.” and the complaint averred that appellant’s intestate was a member of said firm. Defendant pleaded non cst factum. The facts showing the other pleadings in the case are sufficiently stated in the opinion.
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Appeal from tlie Circuit Court of Henry. Tried before the Hon. J. W. Foster. On November 3, 1894, appellee instituted suit against appellant upon a note executed on April 27th, 1891 and payable November 1st, 1891. The note was signed in the name of “J F. Roper & Co.” and the complaint averred that appellant’s intestate was a member of said firm. Defendant pleaded non cst factum. The facts showing the other pleadings in the case are sufficiently stated in the opinion. It was 'admitted that appellant’s intestate was a member of the firm of J. F. Roper &Co. at the time of the purchase of certain…
1Opinion of the CourtDowdell, J.
The appellant was sued as administrator of the estate of A. Q. Fulmore, deceased, on a promissory note given by the firm of Roper & Company to the plaintiff. The complaint avers that the note sued *463upon was executed by J. F. Roper & Co. on the 27th day of April, 1891, and due and payable on the 1st day of November, 1891, and it further-averred that J. F. Roper & Co. was a mercantile firm composed of J. F. Roper and the defendant’s intestate, A. O. Fnlmore. J. F. Roper is not sued in this action. The complaint was subsequently amended by adding a count upon an account stated which, however,…
2Cases cited4 opinions
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Guice v. ThorntonSupreme Court of Alabama · 1884
- Cunningham v. Bragg & Co.Supreme Court of Alabama · 1861
- Rose v. GunnSupreme Court of Alabama · 1885
3Cited by5 opinions
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Lewis v. Isbell National BankSupreme Court of Alabama · 1916
- Ford v. Hodges Boiler & MacHine WorksSupreme Court of Alabama · 1924
- Smith v. AllenAlabama Court of Appeals · 1913
- Emerson-Brantingham Implement Co. v. ArringtonSupreme Court of Alabama · 1927