Marble & Son v. Lypes & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Henry A. Sharpe. This action was brought by Oliver Marble & Son, suing as partners, against Thos. D. Lypes and H. T. Beggs, as late partners doing business under the firm name of Thos. D. Lypes & Co.; and was commenced on the 20th March, 1886. The complaint contained only the common counts, and the only plea was in these word’s : “The defendants, for plea, say they are not indebted to the plaintiffs.”
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Appeal from the City Court of Birmingham. Tried before the Hon. Henry A. Sharpe. This action was brought by Oliver Marble & Son, suing as partners, against Thos. D. Lypes and H. T. Beggs, as late partners doing business under the firm name of Thos. D. Lypes & Co.; and was commenced on the 20th March, 1886. The complaint contained only the common counts, and the only plea was in these word’s : “The defendants, for plea, say they are not indebted to the plaintiffs.” The defendant Lypes made no defense, and there was judgment on verdict against him, for the full amount of the plaintiffs’ claim;…
1Opinion of the CourtSomebyille, J.
— 1. The court below very properly ruled, that it was incompetent to prove the existence of the alleged partnership between the defendants Lypes and Beggs by common report, or general reputation. This was one of the controverted ' facts in the case, upon which the *324liability of Beggs chiefly depended, and the proposed evidence was, as to him, clearly hearsay and inadmissible. Hogan v. Douglass, 2 Ala. 499; Humes v. O’Bryan, 74 Ala. 65, 81.
2. The existence of the partnership being controverted, the second charge requested by the plaintiffs was erroneous, in assuming as a fact, “shown by the…
2Cases cited2 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Carter v. DouglassSupreme Court of Alabama · 1841
3Cited by7 opinions
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- Green v. StateSupreme Court of Alabama · 1892
- Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Weil Bros. v. HanksSupreme Court of Alabama · 1917
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