Lacy v. Le Bruce
Supreme Court of Alabama
Whit of error to the Circuit Court of Sumter. Assumpsit by Lacy as the surviving partner of one Bates, against Le Bruce ajid Prince, also the surviving partners of the .same Bates, but in a different firm. The note declared on, is made by the firm of S. Bates & Co. and is payable to the steamer Favorite. At the trial, it was in evidence that Lacy and Bates wei’e the owners of the steamer Favorite, and were intended by that designation in the note; also, that Bates was dead.
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Whit of error to the Circuit Court of Sumter. Assumpsit by Lacy as the surviving partner of one Bates, against Le Bruce ajid Prince, also the surviving partners of the .same Bates, but in a different firm. The note declared on, is made by the firm of S. Bates & Co. and is payable to the steamer Favorite. At the trial, it was in evidence that Lacy and Bates wei’e the owners of the steamer Favorite, and were intended by that designation in the note; also, that Bates was dead. The defendants proved that Bates was a member of the firm by which the note was made. On this state of proof, the court…
1Opinion of the CourtGoldthwaite, J.
The question in this case is, whether' the surviving partner of one partnership can sue the surviving partners of another, for a debt, when the deceased partner in each of the partnerships is one and the same person. In this statement of the question, it will be perceived that the evidence of the .debt, in the form of a written admission, or as a promissory note, is laid out of view; and wo present it thus, because, in our' opinion, the nature of the evidence by which the debt is made manifest, does not affect the principle which must govern it. It Will become obvious to one who will consider…
2Cases cited2 opinions
- Smyth v. Strader, Perrine & Co.Supreme Court of Alabama · 1839
- Elliott v. MontgomerySupreme Court of Alabama · 1843
3Cited by8 opinions
- Davis v. Sowell & Co.Supreme Court of Alabama · 1884
- Moore v. Randolph's Adm'rSupreme Court of Alabama · 1881
- Waldrop v. PearsonSupreme Court of Alabama · 1868
- Alexander Bros. v. King & Co.Supreme Court of Alabama · 1888
- Alexander Bros. v. JonesSupreme Court of Alabama · 1890
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