Levy & Co. v. Alexander
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. Wi. E. .ClaRKE. Tbis action was brought by A. G. Levy & Co., against D. C. Alexander, A. D. Alexander, J. D. Alexander, and J. T. McDonald, “late partners under tire name and style of D. C. Alexander & Co.;” and was commenced on tbe 1st February, 1888. The complaint contained two counts, the first claiming $163.05, “ due by account stated between plaintiffs and defendants on the 20th December, 1887and the second…
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Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. Wi. E. .ClaRKE. Tbis action was brought by A. G. Levy & Co., against D. C. Alexander, A. D. Alexander, J. D. Alexander, and J. T. McDonald, “late partners under tire name and style of D. C. Alexander & Co.;” and was commenced on tbe 1st February, 1888. The complaint contained two counts, the first claiming $163.05, “ due by account stated between plaintiffs and defendants on the 20th December, 1887and the second $155 “due by account for goods sold and delivered by plaintiffs to defendants on the 21st August, 1886..” J. I).…
1Opinion of the Court
COLEMAN, J.-
If J. D. Alexander was a party to the instrument offered in evidence, the argument of appellant to show that its terms are of such a character as to constitute him a partner in favor of creditors would be in point, and entitled to consideration. The construction of this instrument by the court did not exclude from the jury the consideration of other evidence, which tended to show that J. D. Alexander was a member of the. firm of D. C. Alexander & Go. Neither was there any error in the charge of the court which construed and declared the legal effect of the instrument offered in…
2Cases cited1 opinion
- Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887
3Cited by8 opinions
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- Bynum Bros. v. StateSupreme Court of Alabama · 1927
- Augusta Friedman's Shop, Inc. v. YeatesSupreme Court of Alabama · 1927
- Compton v. SmithSupreme Court of Alabama · 1897
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