Goldsmith v. Eichold Bros. & Weiss
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. The bill in this case was filed on the 9th July, 1890, by Meyer I. Goldsmith, as a creditor of the late firm of A. & B. Moog, against said B. Moog, the surviving partner, and Eiehold Bros. & Weiss and others; and sought to subject to ' the payment and satisfaction of complainant’s debt against said firm certain real estate which had been used by the firm of A. & B. Moog in their business, though…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. The bill in this case was filed on the 9th July, 1890, by Meyer I. Goldsmith, as a creditor of the late firm of A. & B. Moog, against said B. Moog, the surviving partner, and Eiehold Bros. & Weiss and others; and sought to subject to ' the payment and satisfaction of complainant’s debt against said firm certain real estate which had been used by the firm of A. & B. Moog in their business, though the legal title to the same was conveyed to the partners individually;' and which Eiehold Bros. & Weiss held as…
1Opinion of the CourtStone, C. J.
— In the authorized American edition of Bindley on Partnership, vol. 1, p. 2, are many definitions of the term partnership. Perhaps none of them will be found more precisely and. comprehensively accurate than that of Chancellor Kent: “A contract of two or more competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.” — 3 Kent’s Com. 23. To constitute the relation inter sese, the contract, must extend beyond a common agreement to share in the profits. It must…
2Cases cited28 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Dob & Dob v. HalseyNew York Supreme Court · 1819
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Burgess Min. & Const. Corp. v. LeesSupreme Court of Alabama · 1983
- Goldthwaite v. JanneySupreme Court of Alabama · 1893
- McKinley v. LynchWest Virginia Supreme Court · 1905
- Berger v. DempsterSupreme Court of Alabama · 1920
21 more not listed; retrieve them via the Exa API.