Ullman v. Myrick
Supreme Court of Alabama
Trespass against Attaching Or editors, by Purchaser from-Debtor. Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally.
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Trespass against Attaching Or editors, by Purchaser from-Debtor. Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Myrick & Bowman, suing as-partners, against A. Ullman and others, to recover damages, for an alleged trespass; and was commenced on the 17th, August, 1888. The trespass consisted in procuring the levy of an attachment by the sheriff on several mules, plows,, wheelbarrows, &c., as the property of Nesbit & Nesbit, which the plaintiffs claimed under a prior purchase from. them. Nesbit & Nesbit were railroad contractors, engaged…
1Opinion of the CourtMcCLELLAN, J.
— We can conceive of no partnership, whether commercial or non-trading, which may not, in the line of the partnership business, incur debts. It is not at all controverted in this case that the partnership of Nesbit & Nesbit did incur, or was liable for, the claim of Myrick & Bowman, which, it is alleged, was satisfied pro tanto by the transfer of firm assets to them. We regard it as thoroughly well settled law, that a partnership, or any one of its members, without express authority from his co-partners, may transfer a part of the partnership property in payment of a debt of the firm, and…
2Cases cited11 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Tayloe v. BushSupreme Court of Alabama · 1883
- Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
- Danner Land & Lumber Co. v. Stonewall InsuranceSupreme Court of Alabama · 1884
- Dowling v. BlackmanSupreme Court of Alabama · 1881
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3Cited by6 opinions
- Teague, Barnett & Co. v. BassSupreme Court of Alabama · 1901
- Thornton v. CookSupreme Court of Alabama · 1892
- Forst v. LeonardSupreme Court of Alabama · 1896
- Troy Fertilizer Co. v. NormanSupreme Court of Alabama · 1894
- Hill v. ElmoreAlabama Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.