Zimmerman v. Huber
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. J. W. Lesesne. The bill in this case was filed by the appellant, seeking the settlement of the partnership accounts between himself and the defendant. The partnership was formed in the fall of 1842, and was dissolved in April, 1845. Its business was the manufacture and sale of tobacco, snuff, cigars, &c.; Zimmerman superintending the manufacture in Philadelphia, and Huber making the sales in Mobile.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. J. W. Lesesne. The bill in this case was filed by the appellant, seeking the settlement of the partnership accounts between himself and the defendant. The partnership was formed in the fall of 1842, and was dissolved in April, 1845. Its business was the manufacture and sale of tobacco, snuff, cigars, &c.; Zimmerman superintending the manufacture in Philadelphia, and Huber making the sales in Mobile. A partial settlement of accounts was made between the partners in October, 1843, when the firm was found indebted to Huber in the…
1Opinion of the CourtStone, J.
The account in this case is stated on an erroneous principle, and entirely fails to do justice to the parties. Neither can it be here corrected, by anything short of a re-statement. We therefore reverse and remand the cause, that the account may be retaken.
Certain legal questions will again arise, and we feel it our duty to determine them at this time.
The pleadings show that this was a general and equal partnership, for the manufacture and sale of cigars, tobacco, &c.; Zimmerman to superintend the manufacture in Philadelphia, and Huber to make the sales in Mobile. Each partner was bound to…
2Cases cited1 opinion
- Bradford v. Kimberly & BraceNew York Court of Chancery · 1818
3Cited by8 opinions
- Glover v. HembreeSupreme Court of Alabama · 1886
- Tiner v. StateSupreme Court of Alabama · 1960
- Greer v. AndrewSupreme Court of Georgia · 1909
- Hunter v. ParkmanSupreme Court of Alabama · 1950
- Van Heuvel v. RobertsSupreme Court of Alabama · 1930
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