Legal Opinion

Allison v. King

Supreme Court of Alabama

Decided November 29, 1917No. 6 Div. 578Published

Appeal from Circuit Court, Cullman County; James E. Horton, Jr., Judge. Suit in equity by G. B. King against P. M. Allison and others. From an adverse decree, the named defendant appeals.

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Appeal from Circuit Court, Cullman County; James E. Horton, Jr., Judge. Suit in equity by G. B. King against P. M. Allison and others. From an adverse decree, the named defendant appeals. G. B. King, complainant in the court below, filed this bill against P. M. Allison, appellant, and W. L. King and J. S. King, seeking to be subrogated to the rights of said Allison in said collateral security placed with appellant by W. L. King, the son of G. B. King, and also to have delivered up and canceled to the complainant certain collateral placed with the appellant, the property of G. B. King, upon…

1Opinion of the CourtGardner, J.

The evidence is in sharp conflict as to whether or not G. B. King, the complainánt, and his son W. L. King, were partners in the business known as the Hanceville Drug Company, and this presents a very close question of fact. Much of the argument of counsel for appellant is addressed to this phase of the case. We have reached the conclusion1 that the decree of the court below is correct even should it be conceded that at the time of the execution of the last note for which appellant holds the collateral here involved, the complainant was in fact á member of the firm of the Hanceville Drug…

2Cases cited4 opinions

  1. Dawson, Blackmore & Co. v. ElrodCourt of Appeals of Kentucky · 1899
  2. Bradley Fertilizer Co. v. Pollock & Co.Supreme Court of Alabama · 1893
  3. Johnston & Co. v. Dutton's Adm'rSupreme Court of Alabama · 1855
  4. North Pennsylvania Coal Company's AppealSupreme Court of Pennsylvania · 1863

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