Goetter, Weil & Co. v. Head & Co.
Supreme Court of Alabama
Apeeal from the Circuit Court of Pike. Tried before the Hon. IT. D. Clayton. This action was brought by Goetter, Weil & Co., suing as partners, against J. M. Head, Chabber Head, S. A. Williams, and DeKalb Williams, “late partners under the firm name and style of J. M. Head & Co.; ” was founded on a promissory note for $134.16, signed by said J. M. Head & Co. in the partnership name, dated November 7th, 1878, and payable sixty days after date, to the order of Goetter, Weil &…
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Apeeal from the Circuit Court of Pike. Tried before the Hon. IT. D. Clayton. This action was brought by Goetter, Weil & Co., suing as partners, against J. M. Head, Chabber Head, S. A. Williams, and DeKalb Williams, “late partners under the firm name and style of J. M. Head & Co.; ” was founded on a promissory note for $134.16, signed by said J. M. Head & Co. in the partnership name, dated November 7th, 1878, and payable sixty days after date, to the order of Goetter, Weil & Co., at the banking-house of Josiah Morris & Co. in Montgomery; and was commenced on the 26th February, 1879. The…
1Opinion of the CourtStone, J.
The Circuit Court erred in allowing the defense relied on in this case to be made, without a sworn plea denying the execution of the note. — Fowlkes v. Baldwin, 2 Ala. 705; Code of 1876, §§ 3035-6.
Reversed and remanded.
2Cases cited1 opinion
- Fowlkes & Co. v. Baldwin, Kent & Co.Supreme Court of Alabama · 1841
3Cited by2 opinions
- Bray v. ComerSupreme Court of Alabama · 1886
- O. H. Broun, Jr., Timber Co. v. ColemanSupreme Court of Alabama · 1914