Cochran v. Cunningham's Ex'r
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. N. Cook. The facts of this case may be thus stated: The plaintiffs, as attorneys and partners in the practice of law, had performed various services for the Bank of Rome, and for which the bank was indebted to them. In the settlement of a claim they held on one Thomas, at the request of the agent of the bank, they took a note for twenty-four hundred dollars in the name of Estill alone.
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Error to the Circuit Court of Talladega. Tried before the Hon. N. Cook. The facts of this case may be thus stated: The plaintiffs, as attorneys and partners in the practice of law, had performed various services for the Bank of Rome, and for which the bank was indebted to them. In the settlement of a claim they held on one Thomas, at the request of the agent of the bank, they took a note for twenty-four hundred dollars in the name of Estill alone. The reason why the note was taken in the name of EstilL was, that the bank had much difficulty in bringing suits in its own name in Alabama, and…
1Opinion of the CourtDargan, J.
The counsel for the plaintiffs in error, in their argument, present three questions: 1st — that one partner has no right, after the dissolution of the firm, to transfer its effects or ehoses in action so as to bind the firm; 2d — that the admissions made by Estill after the firm was dissolved, in reference to the transfer made by him, were illegal proof; 3d— that Dixon was interested in the event of the suit, and therefore incompetent to testify.
1. We do not not deem it necessary to examine how far, or under what circumstances, one partner, after the dissolution of the firm, has the power to…
2Cases cited1 opinion
- Griswold v. WaddingtonNew York Supreme Court · 1819
3Cited by9 opinions
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Harris v. Water & Light Co.Tennessee Supreme Court · 1901
- Painter v. MunnSupreme Court of Alabama · 1897
- Georgia Penitentiary Companies Nos. 2 & 3 v. NelmsSupreme Court of Georgia · 1884
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