Cunningham v. Bragg & Co.
Supreme Court of Alabama
ApíbaB from the Circuit Court of Macon. Tried 'before the Hon. Rojbekt DouaiiBETY. 'This action was brought by A. G. Bragg & Co., against William R. Cunningham ; and was founded on a promissory note -for '$203 25, executed by Cunningham & Cole, dated the 8th May, 1856, and payable five months after date, to the order >of plaintiffs. The only plea was non est factum, duly verified by affidavit.
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ApíbaB from the Circuit Court of Macon. Tried 'before the Hon. Rojbekt DouaiiBETY. 'This action was brought by A. G. Bragg & Co., against William R. Cunningham ; and was founded on a promissory note -for '$203 25, executed by Cunningham & Cole, dated the 8th May, 1856, and payable five months after date, to the order >of plaintiffs. The only plea was non est factum, duly verified by affidavit. “ On the trial,” as the bill of exceptions states, it was in proof, that the defendant and one Cole, had been partners in the drug business, in the city of Montgomery $ that while they were thus…
1Opinion of the CourtStone, J.
The ruling of the circuit court in this case can not be supported. After'the dissolution of tbe firm, the one partner bad no authority to bind*the other by any new contract he might enter into* The note which.Mr. Cole executed was the evidence of a- debt, an- admission that the sum therein mentioned was due to Messrs. Bragg & Co. He had no authority to bind Mr. Cunningham by his admissions. The proof, as-recited in, the record, did not authorize a recovery against - the present 'appellant, on-the note. A recovery on the original contract, if proved, may probably be had on a proper count. —…
2Cases cited2 opinions
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
- Edgar v. CookSupreme Court of Alabama · 1843
3Cited by7 opinions
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Espy v. ComerSupreme Court of Alabama · 1884
- Rose v. GunnSupreme Court of Alabama · 1885
- Harwell v. Phillips & Buttroff Manfg. Co.Supreme Court of Alabama · 1898
- Waters v. HarrisThe Superior Court of the City of New York and Buffalo · 1892
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