Findlay v. Stevenson
Supreme Court of Alabama
In Lauderdale Circuit Court, Stevenson declared in assumpsit against Findlay & Buchannon, for goods sold, work and labor, money advanced, and an account stated, charging them as copartners under their firm name. At the trial, at the fall term, 1828, under the general issue, a verdict was found for the plaintiff.
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In Lauderdale Circuit Court, Stevenson declared in assumpsit against Findlay & Buchannon, for goods sold, work and labor, money advanced, and an account stated, charging them as copartners under their firm name. At the trial, at the fall term, 1828, under the general issue, a verdict was found for the plaintiff. The defendants sued their writ of error to this Court, to review the correctness of the instructions given by the presiding Judge to the jury, which were as follow: The defendants counsel, after the evidence was closed, requested the Court to instruct the jury, that before the…
1Opinion of the Court
By JUDGE WHITE.
It is well settled, that in this form of action, the misjoinder of plaintiffs, as also that of *50defendants, is a ground of non-suit; and where the action is brought against, several, the plaintiff being charged with the proof of the contract as laid, must cither shew that the defendants were partners, or that the contract was made in behalf of all the defendants. Then in the present ease, though Findlay might have assumed as a partner of the other defendant, yet that not proving the fact, the partnership should have been established by evidence. It was not necessary, as charged,…
2Cited by2 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Fowlkes & Co. v. Baldwin, Kent & Co.Supreme Court of Alabama · 1841