Dorough v. Harrington & Sons
Supreme Court of Alabama
Assumpsit. Appeal from Elmore Circuit Court. Heard before Hon. S. L. Brewer. Action by G. M. Harrington & Son against J. W. Dorougli. From a judgment for plaintiffs, defendant appeals.
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Assumpsit. Appeal from Elmore Circuit Court. Heard before Hon. S. L. Brewer. Action by G. M. Harrington & Son against J. W. Dorougli. From a judgment for plaintiffs, defendant appeals. Three pleas were interposed by the defendant: (1) A sworn plea denying the existence of such a firm as G. M. Harrington & Son; (2) the general issue; and (3) that the contract upon which the suit ivas founded was made with G. M. Harrington as an individual, and not as a member of the firm of G. M. Harrington & Son. The facts concerning the articles of partnership sufficiently appear from the opinion. It was…
1Opinion of the CourtWeakley, C. J.
— The action was brought by G. M. Harrington & Son, a firm composed of G. M. Harrington and A. O. Harrington, plaintiffs, upon the common counts. The defendant filed three pleas, upon which issue was joined. The first Avas a sivorn plea, which averred: “There is no such firm as G. M. Harrington & Son, and that G. M. Harrington and A. G. Harrington do not compose the firm of G. M. Harrington & Son.” The second was a plea of not indebted; and the third averred “that the contract upon which the suit Avas founded was made with G. M. Harrington as an individual, and not with G. M. Harrington as a…
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