Didlake v. Roden Grocery Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Bill by Molly Didlake as administratrix of a deceased partner against the Roden Grocery Company and others to disaffirm a sale of partnership effects, and for an accounting. From a decree refusing relief complainant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Bill by Molly Didlake as administratrix of a deceased partner against the Roden Grocery Company and others to disaffirm a sale of partnership effects, and for an accounting. From a decree refusing relief complainant appeals. Upon the death of a partner, the surviving partners are vested with the title to all partnership property as trustees for the creditors of the firm and for themselves and the representafives of the deceased partner. It becomes their duty to ■exercise good faith in winding up the affairs of the…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellant against the appellees, and seeks to set aside a sale of the partnership assets to a corporation composed in part of the surviving partners.
The facts, in short, are that B. F. Roden was originally in business alone, doing business under the name of B. F. Roden & Co., and subsequently took into partnership appellant’s intestate, James. N. Didlake, and J. D. Harris, in 1884, the firm continuing as B. F. Roden & Co., and that it so continued until the death of said Did-lake December 7, 1901; their business being that of wholesale grocers. At the…
2Cases cited6 opinions
- Rammelsberg v. MitchellOhio Supreme Court · 1875
- Marten v. Van Schaick & BloodgoodNew York Court of Chancery · 1834
- Appeal of GrimSupreme Court of Pennsylvania · 1884
- Sage v. . WoodinNew York Court of Appeals · 1876
- Dougherty v. Van NostrandNew York Court of Chancery · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. Charles G. Eidson, Jr.Court of Appeals for the Fifth Circuit · 1962
- Jones v. StevensOhio Supreme Court · 1925
- Nelson Weaver Realty Company, and Nelson Weaver Mortgage Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1962
- Hatch's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1952
- Pfleghar Hardware Specialty Co. v. BlairCourt of Appeals for the Second Circuit · 1929
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