Legal Opinion

Colgin v. Cummins

Supreme Court of Alabama

Decided June 15, 1834PublishedCited by 2 opinions

Error from Tuscaloosa Circuit Court — Before tbe Hon. A. Crenshaw. William R. Colgin, the administrator of Irby, filed his bill in equity to compel John O. Cummins, the surviving partner of Irby & Cummins, to account for the effects of the intestate Irby. The bill, answer, and exhibits, show the following facts.

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Error from Tuscaloosa Circuit Court — Before tbe Hon. A. Crenshaw. William R. Colgin, the administrator of Irby, filed his bill in equity to compel John O. Cummins, the surviving partner of Irby & Cummins, to account for the effects of the intestate Irby. The bill, answer, and exhibits, show the following facts. John T. Irby and the defendant, Cummins, associated themselves in trade, as copartners in the year 1824. They continued to carry on a mercantile firm until the year 1827, when Irby died. The defendant Cummins, as surviving partner, continued to carry on the business of the firm, and…

1Opinion of the Court

By Mr. Justice Thornton :

The bill was filed in this cause by Colgin, the administrator of Irby, against defendant, Cummins, who was “surviving partner of che firm of Cummins & Irby, and John T. Irby & Co. ; the object of which, was a settlement and recovery from the said Cummins, of the share of the partnership effects in his hands, due to him the said Colgin, as administrator as aforesaid. Upon the answer of the said Cummins, admitting the partnership, &c. a reference was made to commissioners, of the matters of account arising in the cause, whose report was the basis of the interlocutory…

2Cases cited5 opinions

  1. Duncan v. LyonNew York Court of Chancery · 1818
  2. Green v. WinterNew York Court of Chancery · 1814
  3. Mooers v. SmedleyNew York Court of Chancery · 1822
  4. Stoughton v. LynchNew York Court of Chancery · 1816
  5. Bradford v. Kimberly & BraceNew York Court of Chancery · 1818

3Cited by2 opinions

  1. State v. BrownSupreme Court of Vermont · 1996
  2. Shelton v. KnightSupreme Court of Alabama · 1881

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