Belser v. Tuscumbia Banking Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. On June 10, 1893, the appellant, W. J. Belser, brought suit against the appellees, the Tuscumbia Banking Company and Hinton E. Carr, to recover an amount alleged to be due by account, and for money had and received by the defendant. On August 11, 1893, an ancillary garnishment was issued at the instance of the plaintiff and served upon Stanley Brothers.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. On June 10, 1893, the appellant, W. J. Belser, brought suit against the appellees, the Tuscumbia Banking Company and Hinton E. Carr, to recover an amount alleged to be due by account, and for money had and received by the defendant. On August 11, 1893, an ancillary garnishment was issued at the instance of the plaintiff and served upon Stanley Brothers. The garnishee answered that at the time of the said garnishment, James N. Sampson, as assignee of the Tuscumbia Banking Company, held a note against them for five…
1Opinion of the CourtBriokell, C. J.
At common law, husband and wife were incapable of contracting with each other, and of consequence were incapable of forming a partnership. This rule of the common law does not prevail in this State, if the wife has a statutory or equitable separate estate she is capable of charging by her contracts or engagements ; nor can it in any case be applied when partnership property or assets are involved, and there is not an effort to charge her personally with partnership contracts.—Yarbrough v. Bush, 69 Ala. 170; Rabitte v. Orr, 83 Ala. 185; Schlapback v. Long, 90 Ala. 525. The statute expressly…
2Cases cited3 opinions
- Yarbrough & Co. v. Bush & Co.Supreme Court of Alabama · 1881
- Schlapback v. LongSupreme Court of Alabama · 1890
- Rabitte & Gaudin v. Orr Bros.Supreme Court of Alabama · 1887
3Cited by6 opinions
- Hoaglin v. C. M. Henderson &. Co.Supreme Court of Iowa · 1903
- Compton v. SmithSupreme Court of Alabama · 1897
- Jones v. JonesMississippi Supreme Court · 1911
- Appeal of BellingrathUnited States Board of Tax Appeals · 1925
- Bellingrath v. CommissionerUnited States Board of Tax Appeals · 1925
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