White Trunk & Bag Co. v. Brantley
Alabama Court of Appeals
Appeal from Circuit Court, Baldwin County ; A. E. Gamble, Judge. Action by the White Trunk & Bag Company against George L. Brantley and M. E. Brantley, individually, and as copartners doing business under the firm name of Brantley Mercantile Company, in assumpsit. Judgment for defendants, and plaintiff appeals. M. E. Brantley set up the fact that he was not a member of the firm and has never been a member' of. the firm of the Brantley Mercantile Company at any time.
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Appeal from Circuit Court, Baldwin County ; A. E. Gamble, Judge. Action by the White Trunk & Bag Company against George L. Brantley and M. E. Brantley, individually, and as copartners doing business under the firm name of Brantley Mercantile Company, in assumpsit. Judgment for defendants, and plaintiff appeals. M. E. Brantley set up the fact that he was not a member of the firm and has never been a member' of. the firm of the Brantley Mercantile Company at any time. Plaintiff replied that he held himself out as a member of the firm, whereby plaintiff contracted with him on the strength…
1Opinion of the CourtBrown, P. J.
[1, 2] The copy of the letter offered by the plaintiff purporting to have been signed by M. E. Brantley was not competent evidence, unless the defendant M. E. Brantley wrote the letter or authorized it to be written; and any statement by George Brantley with reference to the letter was likewise incompetent, unless such statement was made in the presence of M. E. Brantley and not disputed by him. Rowlan v. State, 14 Ala. App. 17, 70 South. 953.
[3] The record recites that;
“Plaintiff asked the court in writing to give the following charge; ‘The court charges the jury that if they believe the…
2Cases cited4 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Rowlan v. StateAlabama Court of Appeals · 1916
- Travis v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1909
- Day v. StateSupreme Court of Alabama · 1917
3Cited by1 opinion
- American Standard Life Ins. Co. v. TolliverAlabama Court of Appeals · 1933