Rorerts v. Strang, Adriance & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by the appellees, against Joel A. Roberts, as a partner in the firm of Lewis & Porteous ; was founded on two promissory notes, executed by said Lewis & Porteous, payable to the plaintiffs, — one for $1,441 97, dated November 15, 1859, payable eight months after date; and the other for $1,324 33, dated February 1, 1860, and payable eight months after date ; and was commenced…
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by the appellees, against Joel A. Roberts, as a partner in the firm of Lewis & Porteous ; was founded on two promissory notes, executed by said Lewis & Porteous, payable to the plaintiffs, — one for $1,441 97, dated November 15, 1859, payable eight months after date; and the other for $1,324 33, dated February 1, 1860, and payable eight months after date ; and was commenced on the 22d October, 1860. “On the trial,” as the bill of exceptions states, “after the plaintiffs had introduced their…
1Opinion of the CourtStone, J.
In the case of Browning v. Grady, (10 Ala. 999,) this court said : “ The agreement of the creditor to discharge one partner, on his securing the payment of a portion of the debt, but reserving the right to proceed against another partner, does not operate to discharge the latter.” Of similar import are the following cases: Couch v. Mills, 21 Wendell, 424; Dean v. Newhall, 8 Term Rep. 168 ; Rowleg v. Stoddard, 7 Johns. 207 ; Lane v. Owings, 3 Bibb, 247 ; Catskill Bank v. Messenger, 9 Cowen, 37 ; Bank of Chenango v. Osgood, 4 Wendell, 607; Dwell v. Wendell, 8 N. H. 369 ; McClellan v. Cumberland…
2Cases cited5 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Couch v. MillsNew York Supreme Court · 1839
- Bank of Chenango v. OsgoodNew York Supreme Court · 1830
- Browning & Co. v. GradySupreme Court of Alabama · 1847
- Lane v. OwingsCourt of Appeals of Kentucky · 1813
3Cited by3 opinions
- Webb v. ButlerSupreme Court of Alabama · 1915
- First National Bank v. CheneySupreme Court of Alabama · 1896
- Orr v. Read Phosphate Co.Supreme Court of Alabama · 1927