Kirkland v. Laumer Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by J. A. Kirkland against the Laumer Lumber Company on the common counts. Judgment for the defendant, and the plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by J. A. Kirkland against the Laumer Lumber Company on the common counts. Judgment for the defendant, and the plaintiff appeals. Transferred from Court of Appeals únder section 6, p. 449, Acts 1911. ' The pleas set up the facts that the defendant purchased some 8 to 10 carloads of lumber from J. A. & M. W. Kirkland, who were partners or who held themselves out as partners, in and about selling and shipping said lumber to defendant, and that on November 12, 1919, this defendant had a settlement with the said J. A. & M. W.…
1Opinion of the CourtThomas, J.
The suit was on the common counts. There was jury and verdict for the defendant.
The course of dealing of defendant with the firm of J. A. & M. W. Kirkland made a jury question as to whether the former had knowledge or notice of the dissolution of the latter before payment was made by its check to that firm. The question of law and fact was that of agency as applied to a third party dealing- with the firm pursuant to the former course of a mutual business relation. Cooper v. Cooper (Ala. Sup.) 91 South. 82; Winship v. Bank, 5 Pet. 529, 8 L. Ed. 216; Le Roy v. Johnson, 2 Pet. 186, 198, 7 L. Ed.…
2Cases cited8 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Le Roy, Bayard & Co. v. JohnsonSupreme Court of the United States · 1829
- Louisville & Nashville Railroad v. MoranSupreme Court of Alabama · 1914
- Cooper v. CooperSupreme Court of Alabama · 1921
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