Legal Opinion

Fancher Bros. & Co. v. Bibb Furnace Co.

Supreme Court of Alabama

Decided May 3, 1887PublishedCited by 37 opinions

Appeal from the Circuit Court of Bibb. Tried before the Hon. James E. Cobb. This was an action brought by Thomas M. Fancher, Henry C. Fancher and John C. Williams, partners doing business under the name of Fancher Bros. & Co., against the Bibb Furnace Company, a partnership operating a furnace in Bibb county, and was commenced Oct. 14,1882. It was a claim for damages alleged to have been sustained by plaintiffs by the failure of the defendant to make advances in money and…

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Appeal from the Circuit Court of Bibb. Tried before the Hon. James E. Cobb. This was an action brought by Thomas M. Fancher, Henry C. Fancher and John C. Williams, partners doing business under the name of Fancher Bros. & Co., against the Bibb Furnace Company, a partnership operating a furnace in Bibb county, and was commenced Oct. 14,1882. It was a claim for damages alleged to have been sustained by plaintiffs by the failure of the defendant to make advances in money and supplies to plaintiffs, under an agreement which had not been complied with by said defendant. The record shows that after…

1Opinion of the CourtStone, C. J.

A partnership consisted of three members, but had been dissolved. Two suits were pending in favor, and in the names of all the partners suing as partners. One of these suits had been commenced before, and the other after the dissolution. They were consolidated and became one suit. One of the partners, by agreement made out of court, without the concurrence or assent of the others, but against the protest of the one who alone was consulted, entered into an agreement to submit the matters in controversy to the arbitration of three named arbitrators. The- arbitrators acted, attended by the…

2Cases cited13 opinions

  1. MbBride v. HaganNew York Supreme Court · 1828
  2. Scarborough v. ReynoldsSupreme Court of Alabama · 1847
  3. Wright v. EvansSupreme Court of Alabama · 1875
  4. Burwell & Clarke v. SpringfieldSupreme Court of Alabama · 1849
  5. Cunningham v. CarpenterSupreme Court of Alabama · 1846

8 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Mudd v. LanierSupreme Court of Alabama · 1945
  3. Hale v. KinnairdSupreme Court of Alabama · 1917
  4. Cannon v. LindseySupreme Court of Alabama · 1887
  5. Cox v. BrownSupreme Court of Alabama · 1916

32 more not listed; retrieve them via the Exa API.

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