Haralson v. Campbell
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. Louis Wyeth. The record in this case shows that, on fh© 1 st February, J875, an action was instituted in said court by Henry B. Campbell, against William J. Haralson and Terrence Reynolds, “partners under the name and style pf W- J. Haralson & Co.”, founded on a “due-bill executed by them on the 8th day of January, 1874, and payable to plaintiff”; that judgment was rendered in this action, op the 24th September,…
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. Louis Wyeth. The record in this case shows that, on fh© 1 st February, J875, an action was instituted in said court by Henry B. Campbell, against William J. Haralson and Terrence Reynolds, “partners under the name and style pf W- J. Haralson & Co.”, founded on a “due-bill executed by them on the 8th day of January, 1874, and payable to plaintiff”; that judgment was rendered in this action, op the 24th September, 1877, in favor of the plaintiff, for $245.46, damages assessed by the jury; that an execution was issued on this…
1Opinion of the CourtStone, J.
Partnership debts and liabilities, except in limited partnerships, are equally the debts of the firm and each member thereof; and the individual property of the several members, as well as the partnership property, may be taken in execution for the payment of such partnership debt. Partnership debts are joint and several, if evidenced by promise in writing, and may be sued on against ihe members jointly or severally. — Code of 1876, § 2905; Emanuel v. Bird, 19 Ala. 596; Waldron v. Simmons, 28 Ala. 629; Van Wagner v. Chapman, 29 Ala. 172. A modification of this principle exists, in cases of…
2Cases cited3 opinions
- Waldron, Isley & Co. v. SimmonsSupreme Court of Alabama · 1856
- Emanuel v. BirdSupreme Court of Alabama · 1851
- Van Wagner & Yeoman v. Chapman's Adm'rSupreme Court of Alabama · 1856
3Cited by7 opinions
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Yarbrough & Co. v. Bush & Co.Supreme Court of Alabama · 1881
- Ladiga Saw-Mill Co. v. SmithSupreme Court of Alabama · 1884
- Comer v. ReidSupreme Court of Alabama · 1890
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