Sullivan v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an acitrón brought by the appellant, Martin H. Sullivan, “who sues as surviving partner of a partnership composed of said plaintiff and Daniel F. Sullivan, now deceased, doing business in the name of Daniel F. Sullivan,” against the Louisville & Nashville Railroad Company.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an acitrón brought by the appellant, Martin H. Sullivan, “who sues as surviving partner of a partnership composed of said plaintiff and Daniel F. Sullivan, now deceased, doing business in the name of Daniel F. Sullivan,” against the Louisville & Nashville Railroad Company. In the complaint the plaintiff “claims of the defendant $125,000 as damages for the breach of a contract under seal, entered into by and between said partnership doing business in the name of Daniel F. Sullivan and the said defendant, on,…
1Opinion of the CourtTyson, J.
This suit was brought by Martin H. Sullivan in the relation of surviving partner of a partnership alleged to have existed between himself and D. F. Sullivan, deceased. From the complaint it appears that on the 27th of February, 1880, the Louisville & Nashville Railroad Co. entered into a contract in writing with D. F. Sullivan by which it agreed ito transport for him and liis “assigns” timber and lumber over the Pensacola road, the Selma & Gulf Bailroad and Mobile & Montgom*90ery Railroad, from any point on any of them at the rate of one cent per ton per mile, etc. This contract undertakes to…
2Cases cited20 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- McMahon v. WilliamsSupreme Court of Alabama · 1885
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
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3Cited by3 opinions
- Industrial Sav. Bank v. GreenwaldSupreme Court of Alabama · 1935
- Sullivan v. Louisville & Nashville RailroadSupreme Court of Alabama · 1903
- Pullen v. Cincinnati Ins. Co., Inc.Supreme Court of Alabama · 1981