Legal Opinion

Joseph, Gaboury & Co. v. Southwark Foundry & Machine Co.

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 16 opinions

Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. John P. Hubbard. Tbe present action was brought by the appellee corporation against the appellants, to recover for the building of certain cotton presses, and counted on the common counts.

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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. John P. Hubbard. Tbe present action was brought by the appellee corporation against the appellants, to recover for the building of certain cotton presses, and counted on the common counts. The defendants pleaded the general issue, payment, and' that the defendants, E. B. Joseph and J. A. Gaboury, as a partnership, never made any contract with the plaintiff; and that if the presses were built by the plaintiff, they were built under a contract entered into between plaintiff and the Simplex Compress Manufacturing Company. The…

1Opinion of the CourtColeman, J.

Thfe suit is in assumpsit against appellants as a partnership. The material issues of fact presented by the pleadings were, whether the contract, the foundation of the suit, was made with the defendant part*51nersliip, or made with the Simplex Compress Manufacturing Company, a corporation formed after the dissolution of the partnership, and which succeeded it; and if made after the dissolution of the partnership, whether plaintiffs had notice that the partnership had been dissolved. There was evidence which tended to sustain the special plea of defendants, and there was evidence which tended to…

2Cases cited3 opinions

  1. Burns v. CampbellSupreme Court of Alabama · 1882
  2. Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
  3. Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841

3Cited by16 opinions

  1. Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
  2. Home Federal Savings & Loan Association v. WilliamsSupreme Court of Alabama · 1963
  3. University of South Alabama v. BracyCourt of Civil Appeals of Alabama · 1985
  4. Car Center, Inc. v. HOME INDEM. CO., INC.Supreme Court of Alabama · 1988
  5. Loy v. ReidAlabama Court of Appeals · 1914

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