W. Fowler & Co. v. Bellenger
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by W. Fowler & Company against W. C. Bellenger to enforce an equitable set-off against a judgment. From a decree for respondent, Lay who was one of the partners, and the real party complainant, appeals.
Read the full summary
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by W. Fowler & Company against W. C. Bellenger to enforce an equitable set-off against a judgment. From a decree for respondent, Lay who was one of the partners, and the real party complainant, appeals. The use by Fowler of the partnership funds to pay an individual matter without the consent of his partner was a misuse of the partnership funds and the check given in settlement was subject to an equitable set-off against the judgment recovered against the partnership.-—Gannon v. Lindsey, 85 Ala. 201. Bellenger Brothers…
1Opinion of the CourtSayre, J.
This bill was properly filed in the name of W. Fowler & Co-., though W. P. Lay, who was a partner in that firm, was the real party complainant, and now prosecutes this appeal. The bill sought an equitable set-off against a judgment at law. With one exception, which relates to a question which has arisen out of the proof and will be now considered, the law of this case was settled on a former appeal.—140 Ala. 240, 37 South. 225.
Complainant (appellant) based his claim on the undisputed fact that in the fall of 1890 defendant had received from his (complainant’s) firm a check for $577.75, which…
2Cases cited4 opinions
- Stearns v. PageSupreme Court of the United States · 1849
- Davis v. GallagherNew York Supreme Court · 1890
- Maybury v. BerkeryMichigan Supreme Court · 1894
- Mills v. GeronSupreme Court of Alabama · 1853