McKenzie v. Jackson
Supreme Court of Alabama
EkeoR to the Circuit Court of Tallapoosa. This was an action of assumpsit. The first count of the declaration alledged that the defendant and one Gerald being partners in trade, dissolved the firm, and that the defendant and one Adams received the stock of goods, and all the debts and effects _of the firm, and covenanted, on the 10th May, 1838, with hirnto pay all the debts the firm owed, and also certain debts which Gerald owed individually, of all which a schedule was…
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EkeoR to the Circuit Court of Tallapoosa. This was an action of assumpsit. The first count of the declaration alledged that the defendant and one Gerald being partners in trade, dissolved the firm, and that the defendant and one Adams received the stock of goods, and all the debts and effects _of the firm, and covenanted, on the 10th May, 1838, with hirnto pay all the debts the firm owed, and also certain debts which Gerald owed individually, of all which a schedule was annexed, and among which was the debt due the plaintiff — and that in consideration of the transfer of the stock of goods,…
1Opinion of the CourtOrmond, J.
Nearly all the questions of law presented upon this record depend upon the fact whether the promise upon which this action is founded is within the statute of frauds or not, and to the solution of that question we will first address ourselves.
The facts are, that one Pearly S. Gerald and the defendant below were partners in trade and agreed upon a dissolution, by which the defendant and one Adams became entitled to the stock in trade, debts of the firm, &c. and covenanted with Gerald to discharge the debts of the old firm, and certain individual debts of Gerald, of which a schedule is given.…
2Cases cited1 opinion
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
3Cited by16 opinions
- Mason v. HallSupreme Court of Alabama · 1857
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
- Burkham v. MastinSupreme Court of Alabama · 1875
- Cunningham v. CarpenterSupreme Court of Alabama · 1846
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
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