Tanner & DeLaney Engine Co. v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried, before tbe Hon. Jesse M. Carmichael. This action was brought by the appellant, a corporation chartered under the laws of Virginia, against Nathan Hall, as a member of the firm of Hall & Mobley; was founded on several promissory notes executed in the name of said partnership, and was commenced on the 22d February, 1887. The notes were dated on the 22d June, 1885, and were payable on different dates, between October 1st, 1885,…
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Appeal from the Circuit Court of Geneva. Tried, before tbe Hon. Jesse M. Carmichael. This action was brought by the appellant, a corporation chartered under the laws of Virginia, against Nathan Hall, as a member of the firm of Hall & Mobley; was founded on several promissory notes executed in the name of said partnership, and was commenced on the 22d February, 1887. The notes were dated on the 22d June, 1885, and were payable on different dates, between October 1st, 1885, and June 1st, 1886; and they seem to have been given for the price of an engine sold by plaintiff to said partnership..…
1Opinion of the CourtSomebrville, J.
1. It was not competent to prove the existence of a partnership between the defendant Hall and Mobley, by general reputation, or common rumor. Hogan v. Douglass, 2 Ala. 499; Humes v. O'Bryan, 74 Ala. 64.
The court, under this principle, properly excluded the testimony of the witness Butler, to which exception was taken by the defendant. If the fact had been proved that the saw-mill business was openly carried on in Chipley, Florida, in the name of Hall & Mobley as partners, perhaps the common notoriety of this fact might also be proved to charge the defendant with probable knowledge of it, in…
2Cases cited5 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887
- Carter v. DouglassSupreme Court of Alabama · 1841
3Cited by4 opinions
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Knard v. HillSupreme Court of Alabama · 1893
- Learned-Letcher Lumber Co. v. Ohatchie Lumber Co.Supreme Court of Alabama · 1895
- Marks v. Hardy's Admr.Court of Appeals of Kentucky · 1904