Merchants & Planters' National Bank v. Rice & Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the appellant, against Mrs. Mattie J. Bice.and Alex. Wilson, as partners composing the firm of Bice & Wilson; and was commenced on the 9th May, 1888. The complaint contained only the common counts, each claiming $1,000, for money loaned, goods sold and delivered, on account stated', &c.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the appellant, against Mrs. Mattie J. Bice.and Alex. Wilson, as partners composing the firm of Bice & Wilson; and was commenced on the 9th May, 1888. The complaint contained only the common counts, each claiming $1,000, for money loaned, goods sold and delivered, on account stated', &c. The record does not show what pleas were filed, but the only controverted question seems to have been, whether Mrs. Rice was liable as a partner with said Alex. Wilson. Under the rulings of the court,…
1Opinion of the CourtStone, C. J.
A mercantile business of several years duration was conducted in the city of Montgomery, in the firm name of Rice & Wilson. The entire capital of the firm was furnished by Rice, and was his property. Wilson allowed himself to be held out to the world as a partner, but, as between themselves, he was not a partner. He was not directly interested in the profits and losses. — 2 Brick. Dig. 300, §§ 25-7. He was a mere employee, his compensation being one half the profits, not to exceed one hundred dollars per month. The firm did its banking business with the appellant, which bank had its situs in…
2Cases cited2 opinions
- Espy v. ComerSupreme Court of Alabama · 1884
- Vincent v. MartinSupreme Court of Alabama · 1885
3Cited by2 opinions
- Bass v. ClementsAlabama Court of Appeals · 1912
- Rice v. Merchants & Planters National BankSupreme Court of Alabama · 1892