Couch v. Woodruff
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 6th August, 1875, by Noadiah Woodruff, as the assignee of Oscar F. Harrell, against Wilson H. Couch and the said Harrell, to compel a settlement of the accounts of a partnership alleged to have existed between the said Couch and Harrell.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 6th August, 1875, by Noadiah Woodruff, as the assignee of Oscar F. Harrell, against Wilson H. Couch and the said Harrell, to compel a settlement of the accounts of a partnership alleged to have existed between the said Couch and Harrell. The articles of agreement between the said parties, as made an exhibit *to the bill, and the assignment by Harrell to the complainant, were in these words: “ State of Alabama, County of Dallas, City of Selma, December 29th, 1870. Know all men…
1Opinion of the CourtBbickell, C. J.
The primary question is, whether, by the agreement of December 29th, 1870, into which Couch' and Harrell entered, a partnership between them' was created. If there was, a court of equity alone had jurisdiction to decree an account and settlement of the partnership transactions. If there was not, the bill ought to have. been dismissed, and the error of entertaining it is fatal 1° all the proceedings.
In determining whether a partnership was created, we are to consider alone the intention of the parties, as it may be fairly collected from the agreement, and the circumstances attending its…
2Cases cited5 opinions
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Moore v. SmithSupreme Court of Alabama · 1851
- Meaher v. Cox, Brainard & Co.Supreme Court of Alabama · 1861
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