Chisholm v. Cowles
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. T. M. Arrington. This action was brought by the appellant against the appellee, and was commenced on the 13th April, 1866. The complaint contained three counts ; for money had and received, money loaned, and, an account stated. On account of .the charge of the court, the plaintiff was compelled to take a non-suit.
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Appeal from the City Court of Montgomery. Tried before the Hon. T. M. Arrington. This action was brought by the appellant against the appellee, and was commenced on the 13th April, 1866. The complaint contained three counts ; for money had and received, money loaned, and, an account stated. On account of .the charge of the court, the plaintiff was compelled to take a non-suit. That charge was as follows: “That if the plaintiff had any interest in the said forty-three bales of cotton bought of Norwood, as shown in the evidence, or in the 'proceeds thereof, his, plaintiff’s interest, was that…
1Opinion of the CourtJudge, J.
It is a principle which has been frequently recognized and acted upon by the courts, that as between persons concerned in a joint transaction, or series of transactions, a partnership as to third persons, may be considered by the law to subsist, when, as bettoeenparties themselves, no partnership will be implied.— Waugh v. Carver, 2 H. Bl. 235 ; Hesketh v. Blanchard, 4 East, 143 ; Bond v. Pittard, 3 Mees. & Welsh. 357 ; Gill v. Kohn, 6 Serg. & Rawle, 338; Bailey v. Clark, 6 Pick. 374.
This doctrine, it has been said, is founded on a principle of justice to the community; for, as was declared…
2Cases cited3 opinions
- Hazard v. HazardU.S. Circuit Court for the District of Rhode Island · 1840
- Heckert v. FegelySupreme Court of Pennsylvania · 1843
- Gill v. KuhnSupreme Court of Pennsylvania · 1821
3Cited by6 opinions
- Watson v. HamiltonSupreme Court of Alabama · 1912
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Waters v. CochranSupreme Court of Alabama · 1973
- Schmidt v. HortonNevada Supreme Court · 1930
- Baker v. BakerAppellate Court of Illinois · 1911
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