Espy v. Comer
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 19th January, 1884, by John S. Espy, as a creditor of the late firm of Clark, Hart & Go., on behalf of himself and all other creditors of said firm who might come in and make themselves parties; against Hugh M. Comer, John W. Drewry, and the personal representatives, widow and children of the two deceased partners, Whitfield Clark and Iienry C. Hart; and…
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 19th January, 1884, by John S. Espy, as a creditor of the late firm of Clark, Hart & Go., on behalf of himself and all other creditors of said firm who might come in and make themselves parties; against Hugh M. Comer, John W. Drewry, and the personal representatives, widow and children of the two deceased partners, Whitfield Clark and Iienry C. Hart; and sought to have a mortgage, which was executed to said H. M. Comer by said Hart, after Clark’s death, declared a general…
1Opinion of the CourtStone, C. J.
— Partnerships are dissolved by the death of one of the members, unless there is a provision for its longer continuance, either in the agreement of partnership, or by *504some testamentary direction in the will of the deceased member. — Story on Part. §§ 317, et seq.; Parsons on Part. 438. After dissolution by the death of one of the partners, the survivors can not revive any debt of the firm, nor continue it in force, by any act of theirs, so as to bind the estate or effects of the deceased partner, if the debt be otherwise barred as to him. — ■ Wilson v. Torbert, 3 Stew. 296 ; Myatt v. Bell, 41…
2Cases cited12 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Hutchinson v. SmithNew York Court of Chancery · 1837
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Martin v. DialTexas Commission of Appeals · 1933
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Heflin v. HeflinSupreme Court of Alabama · 1922
- First National Bank v. CodySupreme Court of Georgia · 1894
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
16 more not listed; retrieve them via the Exa API.