Wright v. Powell
Supreme Court of Alabama
Error to the Circuit Court of Dallas. This action was brought by the plaintiff in error, against the defendant, as late partner and joint owner, with three other persons, of the steamboat North Star, upon a due bill of the clerk of the boat, to the plaintiff, as pilot of the boat, for $933 50. Upon the trial, as appears from the bill of exceptions, there was evidence that plaintiff’s intestate regarded Abram Powell, and Eldridge Gardner, alone as the owners of the steamboat…
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Error to the Circuit Court of Dallas. This action was brought by the plaintiff in error, against the defendant, as late partner and joint owner, with three other persons, of the steamboat North Star, upon a due bill of the clerk of the boat, to the plaintiff, as pilot of the boat, for $933 50. Upon the trial, as appears from the bill of exceptions, there was evidence that plaintiff’s intestate regarded Abram Powell, and Eldridge Gardner, alone as the owners of the steamboat North Star, until after their insolvency, and that he had contracted with them, on their credit and responsibility…
1Opinion of the CourtOrmond, J.
The general prinCiple-tbat one who holds himself out to the world as a partner- with' others, is liable for the partnership debts, although in fact he may not be a partner in the concern, or entitled to share in the pr.ofits, is undoubted, and is not controverted in this case. But it is insisted, that as this fact was unknown to the plaintiffin error,and as ho gave credit to those who in fact were partners in the concern, the rule does not apply^ Such is our opinion. The rule is doubtless laid down by the text writers in terms sufficiently broad, to cover the proposition as contended for by…
2Cited by3 opinions
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Vincent v. DanielSupreme Court of Alabama · 1877
- Denithorne v. HookSupreme Court of Pennsylvania · 1886