Ory-Cohen v. Taylor
Supreme Court of Alabama
Appeal from Morgan County Court; W. T. Lowe, Judge. Action by Gussie Taylor against A. D. Cohen, individually and as a partner of the firm of Ory-Cohen, for damages for the breach of a contract. From a judgment for plaintiff, defendant partnership appeals.
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Appeal from Morgan County Court; W. T. Lowe, Judge. Action by Gussie Taylor against A. D. Cohen, individually and as a partner of the firm of Ory-Cohen, for damages for the breach of a contract. From a judgment for plaintiff, defendant partnership appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The action being against Coben individually and as a member of the partnership, the judgment' against the partnership was erroneous, and must be reversed for this reason; and since it must be reversed as to tbe partnership it must also be reversed as to all other defendants.…
1Opinion of the CourtThomas, J.
[1] The suit was against an individual and as member of a partnership. There is no bill of exceptions. Diminution of the record being suggested in the Court of Appeals, the judgment corrected nunc pro tunc in the trial court and sent to this court in response to writ of certiorari discloses that the judgment was against A. D. Cohen only, “individually and as a partner of the firm of Ory-Cohen, composed of S. E. Ory and A. D. Cohen, defendant, September 29, 1921.” This was not a judgment against the partnership of Ory-Cohen. Code, § 2506 ; Wahouma Drug Co. v. Clay, 198 Ala. 79, 69 South. 82.…
2Cases cited19 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- City of Huntsville v. GudenrathSupreme Court of Alabama · 1915
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
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3Cited by9 opinions
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