Eggleston v. Wilson
Supreme Court of Alabama
Appeal from Oircnit Court, Clay County; W. L. Longshore, Judge. Action by the Southern Tire & Accessories Company against E. W. Wilson. From a judgment for defendant R. H. Eggleston, as trustee in bankruptcy of the plaintiff, appeals.
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Appeal from Oircnit Court, Clay County; W. L. Longshore, Judge. Action by the Southern Tire & Accessories Company against E. W. Wilson. From a judgment for defendant R. H. Eggleston, as trustee in bankruptcy of the plaintiff, appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Charges 2 and 4 requested by plaintiff and refused by the trial court read: (2) I charge you as a matter of law, gentlemen of the jury, whether in fact E. W. Wilson was a partner or not with C. R. Vann in the Day and Night Auto Repair Company, if he permitted himself to be held out as a…
1Opinion of the Court
McCLELLAN, X
Action on account, account stated, and for goods, etc., sold, instituted by the Southern Tire & Accessories Company (now a bankrupt) against E. W. Wilson, individually and as a member of the firm styled “Day and Night Auto Repair Company.” The trial court gave the general affirmative charge for the defendant.
[1] That the goods described in the evidence were sold by the tire company to the concern styled as stated was established. The issue chiefly contested was whether E. W. Wilson was a partner with one Vann in the so-styled firm. There was evidence tending to show that Wilson…
2Cases cited4 opinions
- McCray v. SharpeSupreme Court of Alabama · 1914
- Stewart Bros. v. RansomSupreme Court of Alabama · 1917
- Cain Lumber Co. v. Standard Dry Kiln Co.Supreme Court of Alabama · 1895
- Paterson v. Mobile Steel Co.Supreme Court of Alabama · 1919
3Cited by4 opinions
- Dorough v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1930
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Tennessee Valley Bank v. Valley View FarmSupreme Court of Alabama · 1923
- Hallman v. StateAlabama Court of Appeals · 1958