Johnson v. First National Bank
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before. Hon. Jno. II. Hisque. This was an action for money had and received to the account of the appellant which the appellees refused to pay setting up in defense that it was paid out under orders of an agent of appellant and by appellant’s authority.
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Appeal from Gadsden City Court. Heard before. Hon. Jno. II. Hisque. This was an action for money had and received to the account of the appellant which the appellees refused to pay setting up in defense that it was paid out under orders of an agent of appellant and by appellant’s authority. The facts upon which the opinion is rested sufficiently appear, therein, and the dismissal of the appeal is predicated upon the facts that the appeal is certified to this court as the appeal of the partnership, where the partnership had no,suit pending from which they could appeal. (Attorneys for both…
1Opinion of the CourtDenson, J.
In the summons the plaintiffs are described as A. S. Johnston, W. D. Nesbitt, and W. D. Carr, partners as Johnston, Nesbitt & Co., and the coinplaint *379follows the summons. This made the suit one by the plaintiffs as individuals, and not one in the name of the partnership; the word:-; “'partners as Johnston, Nesbitt & Co.” being merely deseriptio personae. — Baldridge v. Eason, 99 Ala. 516, 13 South. 74 ; Compton v. Smith, 120 Ala. 233, 25 South. 300 ; Bolling v. Speller, 96 Ala. 269 ; 11 South. 300. Moreover the suit could not have properly been brought in the name of the partnership.— Moore…
2Cases cited5 opinions
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- Compton v. SmithSupreme Court of Alabama · 1897
- Bolling v. SpellerSupreme Court of Alabama · 1892
- Lanford v. Patton, Donegan & Co.Supreme Court of Alabama · 1870
3Cited by3 opinions
- State Ex Rel. Palmer v. GraySupreme Court of Florida · 1927
- Reynolds v. ScottSupreme Court of Alabama · 1952
- Greenstein v. 1st National BankSupreme Court of Alabama · 1908