Elliott v. Holbrook, Carter & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. John Gill Shorter. This action was brought by the appellees, suing as partners, against Gardner Elliott; was founded on two judgments, rendered by the circuit court of Greene, on the 18th October, 1848, against Hubbard, Eames & Elliott, of which firm the defendant was a partner; and was commenced on the 15th September, 1856. The judgments sued on were in the following form : “This day came the plaintiffs, and…
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Appeal from the Circuit Court of Greene. Tried before the Hon. John Gill Shorter. This action was brought by the appellees, suing as partners, against Gardner Elliott; was founded on two judgments, rendered by the circuit court of Greene, on the 18th October, 1848, against Hubbard, Eames & Elliott, of which firm the defendant was a partner; and was commenced on the 15th September, 1856. The judgments sued on were in the following form : “This day came the plaintiffs, and also came the defendants, Moses Hubbard, Edmund C. Eames, and Gardner Elliott, merchants and partners in trade under the…
1Opinion of the Court
A. J. WALKER, C. J.—
The two confessed judgments given in evidence were, in -a court of law, when collaterally assailed, valid and binding upon the defendant. It is true, one partner cannot, by virtue, of any authority incident to the partnership relation, bind his co-partners by a confession of judgment.—Collier on Part. § 469, note 6; Doe v. Tupper, 4 S. & M. 261; Crane v. French, 1 Wend. 311; McBride v. Hagan, 1 Wend. 326; Harper v. Fox, 7 Watts & S. 142; Bitzer v. Skunk, 1 Watts & S. 340; Witherell, v. Holmes, 20 Wendell, 609; Gerard v. Basse, 1 Dall. 119; Grier v. Hood, 25 Penn. St. R. (1…
2Cases cited13 opinions
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Crane v. FrenchNew York Supreme Court · 1828
- MbBride v. HaganNew York Supreme Court · 1828
- Crafts v. DexterSupreme Court of Alabama · 1845
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3Cited by11 opinions
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
- Gourley v. TylerCourt of Appeals of Texas · 1891
- Wills Point Bank v. Bates, Reed & CooleyTexas Supreme Court · 1890
- H. S. Burr & Co. v. Frank Mathers & Co.Missouri Court of Appeals · 1892
- Davenport Mills Co. v. ChambersIndiana Supreme Court · 1896
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