Stovall v. Clay
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. Thos. Cobbs. This bill was filed by the appellants, W. H. Stoyall, and F. A. Bostic, as administrators of the estate of R. W. Clay deceased, against M. A. Clay and the other heirs of said R. W. Clay. The allegations of the bill were in effect as follows : That in 1870 or 1871, R. W. Clay and M. A. Clay formed a mercantile partnership which continued until 1879, all the capital being contributed by R. W. Clay.
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Appeal from Jackson Chancery Court. Heard before Hon. Thos. Cobbs. This bill was filed by the appellants, W. H. Stoyall, and F. A. Bostic, as administrators of the estate of R. W. Clay deceased, against M. A. Clay and the other heirs of said R. W. Clay. The allegations of the bill were in effect as follows : That in 1870 or 1871, R. W. Clay and M. A. Clay formed a mercantile partnership which continued until 1879, all the capital being contributed by R. W. Clay. It averred that M. A. Clay collected and appropriated to his own use, several mortgages belonging to the firm. R. W. Cay died…
1Opinion of the CourtHaralson, J.
This bill is filed for the purpose, amongst other things, of settling a mercantile co-partnership between Russell Clay, deceased, and the ap-pellee, M. A. Clay, one of the defendants below. This co-partnership was formed, some time in the year 1870 or 1871, — the exact úme is^not stated. Russell Clay was the father of M. A. Clay, and it is averred, that said Russell furnished all the capital, and M. A. Clay owned no interest in it. It is shown that tlieco-partnership “continued to do business until the year 1870.” In addition to its regular business of buying and selling goods, the firm…
2Cases cited7 opinions
- Tyson v. BrownSupreme Court of Alabama · 1879
- Lee's Adm'r v. DowneySupreme Court of Alabama · 1880
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