Rose v. Gunn
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill iu this case was filed on the 29th of September, 1881, by J. J. Rose, claiming to be a creditor of the late partnership of Gnnn & Watts, which was composed of Joseph E. Gnnn and W. T. Watts, against the personal representatives and heirs of said Gunn and Watts, with other persons: and sought to enforce payment of the complainant’s debt out of certain moneys and property iu the hands of…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill iu this case was filed on the 29th of September, 1881, by J. J. Rose, claiming to be a creditor of the late partnership of Gnnn & Watts, which was composed of Joseph E. Gnnn and W. T. Watts, against the personal representatives and heirs of said Gunn and Watts, with other persons: and sought to enforce payment of the complainant’s debt out of certain moneys and property iu the hands of the defendants, which was claimed to be liable to it. The firm of Gunn & Watts carried on a mercantile business at…
1Opinion of the CourtClopton, J.
The partnership of Gunn & Watts was dissolved by the death of Gunn, which occurred about April, 1873. After dissolution by death, the surviving partner has no authority to make any note, acknowledgment or admission, that will bind the estate of the deceased partner. Having the title and the management of the partnership effects, for the purpose of settling its affairs, the surviving partner may make an admission which will bind him individually, and authorize the admitted creditor to pursue the partnership property in his hands. But, in a settlement with the personal representative of the…
2Cases cited6 opinions
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
- Waldron, Isley & Co. v. SimmonsSupreme Court of Alabama · 1856
- Jeffries v. CastlemanSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1934
- Timmerman v. MartinSupreme Court of Alabama · 1937
- Sloan v. WilsonSupreme Court of Alabama · 1897
- Harwell v. Phillips & Buttroff Manfg. Co.Supreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.