Park v. Wooten's Executors
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cooic. This action was brought by John D. Park, against the executors of Henry V. Wooten, deceased; and was founded on an open account for $571 15, for goods sold and delivered by plaintiff, on the 18th June, 1855, to the firm of W. B. Wright & Cq., and an acceptance for $134 93, of the same date, which was given by the said firm for goods previously sold and delivered to them by plaintiff; the complaint…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cooic. This action was brought by John D. Park, against the executors of Henry V. Wooten, deceased; and was founded on an open account for $571 15, for goods sold and delivered by plaintiff, on the 18th June, 1855, to the firm of W. B. Wright & Cq., and an acceptance for $134 93, of the same date, which was given by the said firm for goods previously sold and delivered to them by plaintiff; the complaint alleging that the defendants’ testator was a member of the said firm. It appeared from the evidence adduced by the…
1Opinion of the CourtStone, J.
It may, for the purposes of this case, be conceded that the defendants’ testator, Dr. Wooten, was a dormant partner in the firm of W. B. Wright k Co. Coll, on Part. § 4.
If a dormant partner be hioxon as a member of the firm, to one with whom the firm has dealings, actual notice of dissolution must be carried home to the person who has thus dealt with the firm, in order to exonerate outgoing partners from liabilities afterwards incurred. This actual notice may be shown by positive evidence, or by pertinent circumstances, if sufficient to convince the jury. — Mauldin v. Br. Bank of Mobile, 2…
2Cases cited2 opinions
- McCreary v. TurkSupreme Court of Alabama · 1856
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
3Cited by4 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Ponder v. CheevesSupreme Court of Alabama · 1893
- Standard Talking Machine Co. v. D. O. Matthews Supply Co.Alabama Court of Appeals · 1912