Paterson v. Mobile Steel Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Assumpsit by the Mobile Steel Company against the Bay City Roofing & Sheet Metal Works and W. B. Paterson and W. J. Nelson, partners composing the above firm. Judgment for plaintiff, arid the defendant W. B. Paterson appeals. The plea sufficiently appears.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Assumpsit by the Mobile Steel Company against the Bay City Roofing & Sheet Metal Works and W. B. Paterson and W. J. Nelson, partners composing the above firm. Judgment for plaintiff, arid the defendant W. B. Paterson appeals. The plea sufficiently appears. The following are the replications referred to in the opinion: Al, as amended: “Plaintiff says that defendant W. B. Paterson is estopped from denying his liability as a partner in this suit because he held himself out, or permitted himself to- be held out, as a partner in…
1Opinion of the Court
McOLELLAN, j.
The appellee instituted tbis action against tbe Bay City Roofing & Sheet Metal W«orks, and “W. B. Paterson and W. J. Nelson as partners,” composing the same. Plaintiff stated its case in common counts. Tbe court, trying the case without jury, rendered judgment against tbe defendants. W. B. Paterson alone appeals and assigns errors.
[1] Through plea 2 Paterson set up that be was not a member of the partnership at tbe time in question. In replications Al as amended and A2 as amended the plaintiff set up an estoppel against Paterson to assert bis nonmembership in tbe concern. Tbe…
2Cases cited6 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Joseph, Gaboury & Co. v. Southwark Foundry & Machine Co.Supreme Court of Alabama · 1891
- Cain Lumber Co. v. Standard Dry Kiln Co.Supreme Court of Alabama · 1895
- Shackelford v. WilliamsSupreme Court of Alabama · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- United States v. LesserCourt of Appeals for the Second Circuit · 1933
- Ex Parte DriverSupreme Court of Alabama · 1951
- Paddock, Smith, Etc. v. Waay TelevisionCourt of Civil Appeals of Alabama · 1982
- Eggleston v. WilsonSupreme Court of Alabama · 1922
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