Legal Opinion

Monroe v. Hamilton

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 17 opinions

Appeal from tbe Chancery Court of Greene. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 6th July, 1870, by William O. Monroe, against William M. Hamilton and others; and sought, principally, a settlement of the accounts and transactions of a partnership, which had existed between said Monroe and said Hamilton, and to hold the other defendants accountable for partnership property, whioh they had received from Hamilton.

Read the full summary

Appeal from tbe Chancery Court of Greene. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 6th July, 1870, by William O. Monroe, against William M. Hamilton and others; and sought, principally, a settlement of the accounts and transactions of a partnership, which had existed between said Monroe and said Hamilton, and to hold the other defendants accountable for partnership property, whioh they had received from Hamilton. The articles of partnership, which were dated the 1st January, 1867, and a copy of which was made an exhibit to the bill, contained the following…

1Opinion of the CourtBrickell, C. J.

The mortgage is a conveyance to Monroe of Hamilton’s interest in and to the joint partnership crop, subject to the condition, that it is to become vbid, if at maturity he should pay the mortgage debts. These are his individual, not partnership debts; and as the crops would be gathered, and ready for market, before the maturity of the debts, it is stipulated, that when gathered, or in a reasonable time thereafter, Monroe should take possession, and dispose of them, for the mutual benefit of the parties, and should settle the partnership dealings, and divide the net profits into two equal…

2Cases cited7 opinions

  1. Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
  2. Winston v. EwingSupreme Court of Alabama · 1840
  3. McCain v. WoodSupreme Court of Alabama · 1842
  4. Andrews v. KeithSupreme Court of Alabama · 1859
  5. Tatum v. YoungSupreme Court of Alabama · 1835

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Smead v. ChandlerSupreme Court of Arkansas · 1903
  2. Preston National Bank v. George T. Smith Middlings Purifier Co.Michigan Supreme Court · 1890
  3. Figh v. TaberSupreme Court of Alabama · 1919
  4. Chandler v. . CameronSupreme Court of North Carolina · 1948
  5. Lawrence v. McKenzieSupreme Court of Iowa · 1893

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API