Peacey's Creditors v. Peacey's Adm'r
Supreme Court of Alabama
Appeal from the Court of Probate of Dallas. In the MATTER of the estate of George Peacey, deceased, Avhich was declared insolvent in June, 1853, and against which the appellee (Brian Ward), who was the administrator of the estate, filed as a claim, duly verified, by affidavit, a written instrument in these words:— “ This indenture is to certify, that' the copartnership heretofore existing between George Peacey and Brian Ward, under the firm of Peacey & Ward, in the…
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Appeal from the Court of Probate of Dallas. In the MATTER of the estate of George Peacey, deceased, Avhich was declared insolvent in June, 1853, and against which the appellee (Brian Ward), who was the administrator of the estate, filed as a claim, duly verified, by affidavit, a written instrument in these words:— “ This indenture is to certify, that' the copartnership heretofore existing between George Peacey and Brian Ward, under the firm of Peacey & Ward, in the mercantile business, in Selma, Alabama, was, by mutual consent, dissolved on the 2d day of July, 1852. Brian Ward withdraws from…
1Opinion of the CourtGqldthwaite, J.
We concede that, if the instrument on which the appellee’s claim was based had been one of indemnity merely, he could have recovered nothing, unless he had proved actual loss or damage; but, on looking to the obligation, it shows that Peacey and Ward had been partners, — that the firm was dissolved, the former kept the goods, and the debts due the firm, and Ward gave him his note for one-half the losses ; and for these considerations Peacey was to become “ solely responsible for all the debts contracted for, and remaining unpaid against, said firm.” This was, in effect, a stipulation to…
2Cases cited2 opinions
- Lathrop v. AtwoodSupreme Court of Connecticut · 1851
- Hogan's Ex'r v. CalvertSupreme Court of Alabama · 1852
3Cited by4 opinions
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- Bank of Mobile v. DunnSupreme Court of Alabama · 1880
- Brown v. BurnumSupreme Court of Alabama · 1892
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