Rolston v. Click
Supreme Court of Alabama
Hugh H. Rolston, as assignee of one Merritt, brought an action of debt in the Circuit Court of Jefferson county, against James G. Click, and also against John Click and Luther Morgan, as the surviving partners of the firm of John Click & Co. to recover on a note for 0696 73, dated in 1819, payable to Merritt, and signed “James G. Click”' and “John Click & Co.” Morgan who was charged in the declaration as a surviving co-partner of the firm of John Click & Co., pleaded on…
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Hugh H. Rolston, as assignee of one Merritt, brought an action of debt in the Circuit Court of Jefferson county, against James G. Click, and also against John Click and Luther Morgan, as the surviving partners of the firm of John Click & Co. to recover on a note for 0696 73, dated in 1819, payable to Merritt, and signed “James G. Click”' and “John Click & Co.” Morgan who was charged in the declaration as a surviving co-partner of the firm of John Click & Co., pleaded on oath, that the note “was not executed by him nor by any one authorized by him.” The other defendants did not plead. On the…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court.
It is contended that the Court below erred in refusing the charge requested. By entering into partnership, each partner reposes confidence-in the other, and constitutes him his genera] agent as to all the partnership concerns. This, in the ordinary transactions of trade, the public good, and the facilities of commerce require to be under-. *528stood. The English books have gone so far as to say, that even where a note is made, or a bill drawn in the name of the firm, for the payment of the individual debt of a partner', that it will prima facie bind…
2Cited by2 opinions
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Pierce & Baldwin v. Pass & Co.Supreme Court of Alabama · 1834