Taliaferro v. Brown
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. This cause was transferred to the chancery court, from the orphans’ court of Montgomery, on the 10th March, 1842; the estate was declared insolvent, and an order made to file claims by the first Monday in June, 1843. The claim of the defendant in error was filed.
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Error to the Chancery Court of Montgomery. This cause was transferred to the chancery court, from the orphans’ court of Montgomery, on the 10th March, 1842; the estate was declared insolvent, and an order made to file claims by the first Monday in June, 1843. The claim of the defendant in error was filed. On the 3d October, 1843, it appears from the record, there was a cause on the docket of the orphans’ court of the defendant against the plaintiff in error, and continued from time to time until the transfer to the chancery court, previous to which time the deposition of James Gillan had been…
1Opinion of the CourtOrmond, J.
The principal question presented upon the record, and which indeed comprises the entire merits of the case, is, what is the true construction of the bond — is it a covenant to pay the debts of the firm, or was it intended to indemnify, and save harmless the retiring partner against the creditors of the firm.
The bond itself, which ought to be the surest index to the meaning of the parties, affords but little aid. It commences by a recital, that the object is to “ secure, indemnify, and save harmless the said Shepherd Brown, from the payment of all debts due from said concern, as well as all…
2Cases cited8 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Chace v. HinmanNew York Supreme Court · 1832
- In re NegusNew York Supreme Court · 1832
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Elliott v. MayfieldSupreme Court of Alabama · 1842
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3Cited by13 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
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- Cowles v. Garrett's Adm'rsSupreme Court of Alabama · 1857
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