Guice v. Thornton
Supreme Court of Alabama
Appkal from tlie Circuit Court of Barbour. Tried before the IIou. Ii. D. Clayton. This action was brought by Jason G. Guice, against Jonathan M. Thornton, “one of the late firm of Thornton & Locke;” was commenced on the 10th June, 1881, and was founded on a promissory note for $2,000; which note was dated April 3d, 1875, payable to the order of the plaintiff six months after date, and signed “ Thornton ds Locke, per W. II. Locke.”
Read the full summary
Appkal from tlie Circuit Court of Barbour. Tried before the IIou. Ii. D. Clayton. This action was brought by Jason G. Guice, against Jonathan M. Thornton, “one of the late firm of Thornton & Locke;” was commenced on the 10th June, 1881, and was founded on a promissory note for $2,000; which note was dated April 3d, 1875, payable to the order of the plaintiff six months after date, and signed “ Thornton ds Locke, per W. II. Locke.” The defendant pleaded, “ in short by consent,” the general issue, the statute of frauds, the want of consideration, and failure of consideration ; and also a…
1Opinion of the CourtSomerville, J.
— Where one partner borrows money, or purchases goods, upon his own individual credit, and afterwards applies such money or goods to the uses of the partnership, the rule is, that the creditor can not, for this reason, have an action against the firm. Such is the rule, at least, where the credit is given exclusively to the partner borrowing the money, or making the purchase, and no part of the credit is extended to the other members of the firm. The question, in such cases, is, to whom was the credit given ; and the solution of this question is usually for the determination of the jury.—…
2Cases cited5 opinions
- Williams v. HigginsSupreme Court of Alabama · 1881
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
- Jemison & Sloan v. Dearing's ExecutorsSupreme Court of Alabama · 1867
- Allred v. ElliottSupreme Court of Alabama · 1881
3Cited by9 opinions
- Snider v. BurksSupreme Court of Alabama · 1887
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Orr, Jackson & Co. v. PerryAlabama Court of Appeals · 1919
- Bilbro v. DrakefordSupreme Court of Alabama · 1884
4 more not listed; retrieve them via the Exa API.