Lichenstein v. Murphree
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by Frank H. Murpbree against I. N. Lichenstein and L. 'Cohen, late partners doing business - under tlie firm name of L. Coben & Co. Judgment for plaintiff, and defendant Liclienstein appeals. Tbe action was for work and labor done, and tbe plea was general issue and payment.
Read the full summary
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by Frank H. Murpbree against I. N. Lichenstein and L. 'Cohen, late partners doing business - under tlie firm name of L. Coben & Co. Judgment for plaintiff, and defendant Liclienstein appeals. Tbe action was for work and labor done, and tbe plea was general issue and payment. There was judgment for plaintiff against defendant, and motion was made for a new trial on tlie ground that there was no evidence that tbe employment of plaintiff by Coben was in tbe line and scope of tbe business of L. Coben & Co., and…
1Opinion of the Court
THOMAS, J. —
Every member of an ordinary partnership is its general agent for the transaction of its business in the ordinary way; and the firm is responsible upon all contracts made by any of the partners when acting for the firm within the limits conferred by the nature of the business it carries on. — Ala. Fert. Co. v. Reynolds, 79 Ala. 497. Whatever, as between the partners themselves, may be the limits set to each other’s authority, every person not acquainted with those limits has a right to assume that each partner is entitled to do for the firm whatever is necessary for the transaction…
2Cases cited11 opinions
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Joseph, Gaboury & Co. v. Southwark Foundry & Machine Co.Supreme Court of Alabama · 1891
- Woodruff v. ScaifeSupreme Court of Alabama · 1887
- Dugger v. TutwilerSupreme Court of Alabama · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Reynolds v. MitchellSupreme Court of Alabama · 1988
- Fowler Commission Co. v. Gray & KeenerLouisiana Court of Appeal · 1931
- Hawkesworth v. PonzoliDistrict Court of Appeal of Florida · 1980
- Conyers v. FisherCourt of Appeals of Tennessee · 1926