Alexander v. Handley, Reeves & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. W. E. ClaRKE. Tbis action as originally brought by tbe appellees, Hand-ley, Reeves & Co., was against I). C. Alexander and James T. McDonald, indiyi&ually, and as partners composing tbe firm of D. C. Alexander & Co. Tbe complaint was amended by adding J. D. Alexander as a party defendant.
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Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. W. E. ClaRKE. Tbis action as originally brought by tbe appellees, Hand-ley, Reeves & Co., was against I). C. Alexander and James T. McDonald, indiyi&ually, and as partners composing tbe firm of D. C. Alexander & Co. Tbe complaint was amended by adding J. D. Alexander as a party defendant. Tbe corn-complaint contained two common counts, one claiming $289.71-100 and interest, “for merchandise, goods and chattels sold by tbe plaintiffs to tbe defendantstbe other claiming tbe same sum with interest, “due on an account stated between…
1Opinion of the CourtWalkeb, J.
The appellant J. D. Alexander was liable to the appellees, who were creditors of the firm of D. C. Alexander & Co., if (1), at the time the debt to the appellees was contracted he was actually a partner of that firm by agreement, or (2), whether in fact he was a partner or not, if he permitted himself to be held out as a partner, and the appellees contracted with the firm on the faith that he was a partner. In the one case his liability results from the fact that the debt was contracted by a partnership of which he *222was really a member; in tbe other, because bis previous declarations or…
2Cases cited4 opinions
- Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887
- Griffin v. Doe ex dem. StoddardSupreme Court of Alabama · 1848
- Levy & Co. v. AlexanderSupreme Court of Alabama · 1891
- Rabitte & Gaudin v. Orr Bros.Supreme Court of Alabama · 1887
3Cited by9 opinions
- Peck v. LampkinSupreme Court of Alabama · 1917
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Delong v. WhitlockSupreme Court of Iowa · 1926
- Dicks v. McAllisterAlabama Court of Appeals · 1924
- Magnolia Shingle Co. v. J. Zimmern's Co.Alabama Court of Appeals · 1912
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