Wright v. Lindsay
Supreme Court of Alabama
Error to tbe Circuit Court of Jackson. Tried before tbe Hon. Thomas. A. Walker. The facts set out in this record, do not show a partnership between plaintiff and defendant; but an employment of plaintiff, for which he was to receive of defendant a portion of the product of his labor.
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Error to tbe Circuit Court of Jackson. Tried before tbe Hon. Thomas. A. Walker. The facts set out in this record, do not show a partnership between plaintiff and defendant; but an employment of plaintiff, for which he was to receive of defendant a portion of the product of his labor. Moore v. Smith, January Term, 1852. If this be so, it is clear that the court mistook the law, in holding that the charge amounted only to a breach of trust. ‘ By the 81st section of Penal Code, Clay’s Digest, 421, a fraudulent conversion of the whisky by plaintiff would make a larceny. The words spoken then…
1Opinion of the CourtGoldthwaite, J.
This was an action brought by the plaintiff in error, against the defendant in error, for slander, in charging him with stealing whisky; to which, not guilty, and justification were pleaded. On the trial, the speaking of the words was proved, and the defendant then introduced testimony conducing to prove that in the latter part of the year 1840, or the early part of 1841, before the speaking of the words, “the plaintiff was a partner of the defendant, employed in distilling whisky,” and that for his services, he was to receive the one-sixth or one-seventh gallon of all that was made, and was…
2Cases cited2 opinions
- Pope v. Welsh's Adm'rSupreme Court of Alabama · 1851
- Williams v. CawleySupreme Court of Alabama · 1850
3Cited by7 opinions
- Rigden v. Jordan & StewartSupreme Court of Georgia · 1888
- Kirksey v. FikeSupreme Court of Alabama · 1856
- United States v. TurleyDistrict Court, D. Maryland · 1956
- Jones v. StateSupreme Court of Alabama · 1893
- United States v. SimsDistrict Court, N.D. Alabama · 1907
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