Burwell & Clarke v. Springfield
Supreme Court of Alabama
Error to the County Court of Marengo. Before the Hon. James A. Young, Judge. Action of assumpsit, on the common counts, by plaintiffs, against the defendant in error. Plea, the general issue.
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Error to the County Court of Marengo. Before the Hon. James A. Young, Judge. Action of assumpsit, on the common counts, by plaintiffs, against the defendant in error. Plea, the general issue. It was proved on the trial, that the defendant was indebted to the plaintiffs, as partners, for work and labor performed in 1842, and that a short time before the dissolution of the firm of Burwell & Clarke, Clarke being individually indebted to defendant, in a settlement with him, paid off his own debt, with the account due by defendant to the firm.. The plaintiff’s counsel requested the court to charge…
1Opinion of the CourtCollier, C. J.
It may be regarded as settled, that one partner cannot appropriate the property of the partnership to the payment of his individual debt; and if such an appropriation is made, the party receiving it, is liable to the firm in an action to refund, if he was aware that he received the joint estate. In such case it is said, it makes no difference whether the note of the firm be given, or the partnership property applied to pay the individual debt of a partner. One partner cannot release a debt due to the firm, in order to extinguish his individual liability ; nor can a debt due to a partnership…
2Cases cited3 opinions
- Gram v. CadwellNew York Supreme Court · 1826
- Pierce & Baldwin v. Pass & Co.Supreme Court of Alabama · 1834
- White v. TolesSupreme Court of Alabama · 1845
3Cited by15 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Cannon v. LindseySupreme Court of Alabama · 1887
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Mayer v. ClarkSupreme Court of Alabama · 1866
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