Howze v. Patterson
Supreme Court of Alabama
APPEAL from Circuit Court of Perry. Tried before Hon. Luther B. Smith. The appellee Patterson, brought this action against the appellant Howze, and H. A. Torbett, A. Stollenwerck and Allen Stolenwerck, partners doing business under the name and style of Howze, Stollenwerck & Co., to recover the amount of a promissory note which read as follows : "$700 Pulaski, Tenn., - Oct. 16, 1862. One day after date we promise to pay J. N. Patterson seven hundred dollars — borrowed money…
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APPEAL from Circuit Court of Perry. Tried before Hon. Luther B. Smith. The appellee Patterson, brought this action against the appellant Howze, and H. A. Torbett, A. Stollenwerck and Allen Stolenwerck, partners doing business under the name and style of Howze, Stollenwerck & Co., to recover the amount of a promissory note which read as follows : "$700 Pulaski, Tenn., - Oct. 16, 1862. One day after date we promise to pay J. N. Patterson seven hundred dollars — borrowed money — four hundred dollars in Planters Bank funds, or the discount whatever that may be. Howze, Stollenwerck & Co. Per H. A.…
1Opinion of the CourtBrickell, C. J.
1. The case presents but a single material question, the decision of which, rests on undisputed facts, or those about which there is but little conflict in the testimony. The question is, whether there was a partnership between the appellants, and the Stollenwercks, when the contract on which suit is founded, was made; and the making of the contract was within the scope of the partnership. The definition of a partnership, adopted by this court, from approved elementary writers, is, “a voluntary contract, between two or more persons, for joining together their money, goods* labor, and skill,…
2Cases cited3 opinions
- Moore v. SmithSupreme Court of Alabama · 1851
- White v. TolesSupreme Court of Alabama · 1845
- Emanuel v. DraughnSupreme Court of Alabama · 1848
3Cited by7 opinions
- Tayloe v. BushSupreme Court of Alabama · 1883
- Zuber v. RobertsSupreme Court of Alabama · 1906
- Cunningham v. StaplesSupreme Court of Alabama · 1927
- Hill v. HillSupreme Court of Alabama · 1920
- McCrary v. LathamAlabama Court of Appeals · 1944
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