Keith & Son v. Ham
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by J. N. Ham and P. J. Ham, against Keith & Son as partners, to recover damages for the defendants’ unauthorized sale and conversion of two bales of cotton, on which plaintiffs claimed to hold a mortgage, whereby their lien as mortgagees was defeated and destroyed; and was commenced on the 4th November, 1887. The complaint contained only a special count in case, which…
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by J. N. Ham and P. J. Ham, against Keith & Son as partners, to recover damages for the defendants’ unauthorized sale and conversion of two bales of cotton, on which plaintiffs claimed to hold a mortgage, whereby their lien as mortgagees was defeated and destroyed; and was commenced on the 4th November, 1887. The complaint contained only a special count in case, which alleged that, on the 8th January, 1887, J. P. Martin was indebted to the firm of Ham & Collins (a firm composed of J. N.…
1Opinion of the CourtMcOLELLAN, J.
It is immaterial what effect the assignment by Collins of his interest in the property belonging to the firm of Collins & Ham had upon the partnership, or whether the assignee and Ham constituted a new partnership. The assignment, at least, operated to vest Collins’ interest in the assignee, and to make him, jointly with the other partner, the owner of the assets which had belonged to the partnership, among which was the mortgage covering the cotton alleged to have been converted. And this suit was instituted, and properly so, by these joint-owners, or owners in common, as such, and not. upon…
2Cases cited1 opinion
- Carpenter v. GoingSupreme Court of Alabama · 1852
3Cited by18 opinions
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Carroll v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1934
- Terral v. Terral, Admx.Supreme Court of Arkansas · 1947
- Tallassee Falls Mfg. Co. v. First National BankSupreme Court of Alabama · 1909
- Hood v. Com. Germania T. & S. Bank of New OrleansAlabama Court of Appeals · 1914
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