Ala. Fertilizer Co. v. Reynolds & Lee
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellant, a domestic corporation, against John A. Reynolds and R. M. Lee, as partners composing the firm of Reynolds & Lee; and was founded on three promissory notes signed in said partnership name, at Clayton, Alabama, on the 1st May, 1884, and payable to the order of the plaintiff, at the First National Bank of Montgomery, on the 15th October, November and…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellant, a domestic corporation, against John A. Reynolds and R. M. Lee, as partners composing the firm of Reynolds & Lee; and was founded on three promissory notes signed in said partnership name, at Clayton, Alabama, on the 1st May, 1884, and payable to the order of the plaintiff, at the First National Bank of Montgomery, on the 15th October, November and December, respectively, 1884. The plaintiff was engaged in the manufacture and sale of commercial fertilizers, at…
1Opinion of the CourtSomeryille, J.
— One may become liable to third persons as a partner in either of two ways: (1) he may actually be a real partner by express agreement; or (2) he may, although no actual partnership exists, permit himself to be held out to the public as a partner, by the use of his name. In the former case, he is liable on all contracts made by any individual member of the firm, in the partnership name, and coming within the partnership business. — Clark v. Taylor, 68 Ala. 453; Ala. Fertilizer Co. v. Reynolds & Lee, 79 Ala. 497. In the latter case, whether the use of the name is permitted expressly, or by…
2Cases cited6 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Glover v. HembreeSupreme Court of Alabama · 1886
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
- Marble & Son v. Lypes & Co.Supreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Norris v. StateSupreme Court of Alabama · 1888
- Owensboro Wagon Co. v. BlissSupreme Court of Alabama · 1901
- Augusta Friedman's Shop, Inc. v. YeatesSupreme Court of Alabama · 1927
- Alexander v. Handley, Reeves & Co.Supreme Court of Alabama · 1892
- Levy & Co. v. AlexanderSupreme Court of Alabama · 1891
4 more not listed; retrieve them via the Exa API.