Monroe v. Ezzell
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. This was an action of assumpsit, at the suit of the¡plaintiíf in error, which was tried by a jury, and a verdict and judgment rendered for the defendant. The plaintiff excepted to the charge given to the jury, and the facts, so far as material to be stated, may be thus condensed.
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Writ of Error to the County Court of Sumter. This was an action of assumpsit, at the suit of the¡plaintiíf in error, which was tried by a jury, and a verdict and judgment rendered for the defendant. The plaintiff excepted to the charge given to the jury, and the facts, so far as material to be stated, may be thus condensed. The defendant and Isham Dansby agreed jointly to contribute the sum of four hundred dollars to purchase a tract of land, which was accordingly purchased by the defendant, and his individual note given for the purchase money. Afterwards the defendant called upon Dansby for…
1Opinion of the CourtCollier, C. J.
It is stated as a general rule that in suits at law which concern a partnership, all the parties should join, but this rule undergoes or may undergo an exception in cases of dormant partners ; for it is at the option of the plaintiffs in such cases, either to join the dormant partner or omit him. [Story on Part. 350-1.] Another learned author, in his treatise on the law of Partnership, says it is not necessary that a dormant partner should join with the ostensible partners of a firm, in an action against a person who dealt only with the ostensible partners. [Collyer 393-4 , see also 2 Taunt.…
2Cases cited3 opinions
- Clark v. MillerNew York Supreme Court · 1830
- Clarkson v. CarterNew York Supreme Court · 1824
- Boardman v. KeelerSupreme Court of Vermont · 1829
3Cited by1 opinion
- Southern States Fire & Casualty Ins. v. WhatleySupreme Court of Alabama · 1911