Davis v. Sowell & Co.
Supreme Court of Alabama
Bill in Equity by Surviving Partner, against Executors of Deceased, for Injunction in matter of Executory Contract of . Partnership. ' . Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster.
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Bill in Equity by Surviving Partner, against Executors of Deceased, for Injunction in matter of Executory Contract of . Partnership. ' . Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster. The bill in this case was filed on the 5th January; 1885, by Matthew L. Davis, as the surviving partner of a late partnership alleged to have existed between himself and D. F. Sullivan, deceased, under the name of the Molino Mills Company; against Martin H. Sullivan, and Mrs. Emily F„ Sullivan, as executor and executrix of the last, will and testament of said D. F. Sullivan,…
1Opinion of the CourtStone, C. J.
According to the averments of the bill, the Molino Mills Company was a partnership, composed of Daniel E. Sullivan, owning three-fourths interest, and Matthew L. Davis, owning one-fourth interest. The bill speaks of no other partners ; and if the averments are true, there are no other partners, as there can be no other interests owned by another. Daniel E. Sullivan died before the origin of any controversy, out of which this suit arose. It results, then, that according to complainant’s case, he was the sole surviving partner of the Molino Mills property. In Parsons on Partnership, §§ 440*,…
2Cases cited6 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Rembert v. BrownSupreme Court of Alabama · 1850
- McCorkle v. . BremSupreme Court of North Carolina · 1877
- Olmstead v. KoesterSupreme Court of Kansas · 1875
- Crosswell v. Lehman, Durr & Co.Supreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Clifton Iron Co. v. DyeSupreme Court of Alabama · 1888
- Madison v. Ducktown Sulphur, Copper & Iron Co.Tennessee Supreme Court · 1904
- Jones v. Jefferson CountySupreme Court of Alabama · 1919
- Maynard v. RichardsIllinois Supreme Court · 1897
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
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