Gillett v. Higgins
Supreme Court of Alabama
Appeal from the City Court of Bessemer in Equity. Heard before the Hon. B. C. Jones. The bill in this case is distinctively one for the dissolution and settlement of a copartnership between the complainant, M. M. Higgins and the defendant, George A. Gillett. • It is averred that on or about the 1st day of August, 1904, that said George A. Gillett and complainant entered into a partnership known as the Bessemer Paint & Wall Paper Company, and that they were each one-half…
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Appeal from the City Court of Bessemer in Equity. Heard before the Hon. B. C. Jones. The bill in this case is distinctively one for the dissolution and settlement of a copartnership between the complainant, M. M. Higgins and the defendant, George A. Gillett. • It is averred that on or about the 1st day of August, 1904, that said George A. Gillett and complainant entered into a partnership known as the Bessemer Paint & Wall Paper Company, and that they were each one-half owners of' the business and stock of goods, worth between seven ¡hundred and a thousand dollars, and that they operated said…
1Opinion of the CourtHaralson, J.
The action taken by the defendants in excluding the complainant from the business of his firm, as set up in the bill, presented a sufficient cause for the dissolution of the partnership by the court of equity on the application of the complaint. — Moore v. Price, 116 Ala. 247; Meaher v. Cox, 37 Ala. 201; 17 Am. & Eng. Ency. Law, (1st Ed.) 1106-7.
While the taking into the custody of the court the partnership effects, was a stringent measure, not to be resorted to except remedially, yet it rests largely within the discretion of the court; and the authorities affirm, as a general rule, “that…
2Cases cited7 opinions
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Meaher v. Cox, Brainard & Co.Supreme Court of Alabama · 1861
- Miller v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Bard v. BinghamSupreme Court of Alabama · 1875
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3Cited by5 opinions
- Whitley v. BradleyCalifornia Court of Appeal · 1910
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Latimer v. MilfordSupreme Court of Alabama · 1941
- Heller v. BerlinSupreme Court of Alabama · 1923
- Nolen v. WileySupreme Court of Alabama · 1945