Cannon v. Lindsey
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before the Hon. Sam. H. Spbott. This action was brought by Isaac Cannon, against Levi Lindsey; and was founded on the defendant’s promissory note for $75, which was dated December 30th, 1878, and payable twelve months after date, to the order of Moses Walters & Co., by whom it was assigned to said Isaac Cannon. The action was commenced in a justice’s court, and was removed by appeal into the Circuit Court.
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Appeal from the Circuit Court of Fayette. Tried before the Hon. Sam. H. Spbott. This action was brought by Isaac Cannon, against Levi Lindsey; and was founded on the defendant’s promissory note for $75, which was dated December 30th, 1878, and payable twelve months after date, to the order of Moses Walters & Co., by whom it was assigned to said Isaac Cannon. The action was commenced in a justice’s court, and was removed by appeal into the Circuit Court. The defendant filed a special plea, verified by affidavit, alleging “that he did not execute the note sued on in this action, as a note due…
1Opinion of the CourtSomebyille, J.
1. One member of a partnership, whether existing or dissolved., can not appropriate the assets of the firm by transferring them in satisfaction of his individual debt due to such transferree, without the authority or consent of the other members of the firm. Such transaction is considered a fraud on the other partners, and the title to the joint fund or property is not divested in favor of the separate creditor, whether he knew it to be partnership property or not. “In short,” as said by Judge Story in a leading case on this subject, “his right depends, not upon his knowledge that it was…
2Cases cited20 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
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3Cited by32 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Western Railway Co. v. HarwellSupreme Court of Alabama · 1890
- Wooddy v. MatthewsSupreme Court of Alabama · 1915
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
27 more not listed; retrieve them via the Exa API.