Bass v. Clements
Alabama Court of Appeals
Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by Bass & Heard against Peter Clements, individually, and as a member of the partnership of George T. Mote. Judgment for defendant and plaintiff appeals.
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Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by Bass & Heard against Peter Clements, individually, and as a member of the partnership of George T. Mote. Judgment for defendant and plaintiff appeals. There was error in the judgment rendered finding the issue in favor of the defendant. — Bank v. Rice, 89 Ala. 201; 14 Ala. 303. The evidence does not disclose the existence of a partnership, but rather a loan from defendant to Mote. — 53 Ala. 205; Mayf. 387. There was no such holding out of Clements as a partner as would be binding. — 30 Cyc. 372.
1Opinion of the Court
PELHAM, J.-
This case was tried by the court without a jury. A finding on the evidence adduced upon the trial was made by the court in favor of the defendant, and judgment was accordingly entered. The defendant Peter Clements was sued individually as doing business under the firm name of Geo. T. Mote, and jointly with Geo. T. Mote as partners doing business under the firm name of Geo. T. Mote. The defendant Mote was not served, and on motion of the plaintiff he was struck as a party defendant, and issues were joined between the plaintiffs and the defendant Clements and a final judgment entered…
2Cases cited3 opinions
- Thillman v. BentonCourt of Appeals of Maryland · 1895
- Winter-Loeb Grocery Co. v. Mutual Warehouse Co.Alabama Court of Appeals · 1912
- Merchants & Planters' National Bank v. Rice & WilsonSupreme Court of Alabama · 1889
3Cited by1 opinion
- Reid v. McElderryAlabama Court of Appeals · 1914