First National Bank v. Cheney
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley.- This was a suit commenced by attachment by the appellant, the First National Bank, against A. D. Cheney. The complaint counted upon several promissory notes, which were executed to the plaintiff by Hill, Bell & .Cheney, a partnership of which the defendant, A. D. Cheney, was at the time of their execution, a member.
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley.- This was a suit commenced by attachment by the appellant, the First National Bank, against A. D. Cheney. The complaint counted upon several promissory notes, which were executed to the plaintiff by Hill, Bell & .Cheney, a partnership of which the defendant, A. D. Cheney, was at the time of their execution, a member. The defendant filed thirteen pleas, which were as follows : “1. That the allegations of the complaint are untrue.” “2. That he has paid the debt, for the recovery of which this suit was brought,…
1Opinion of the Court
HARALSON, J. —
It may be admitted as a correct legal proposition that, where a partner retires from a firm undef an agreement between him and the continuing partners, that they will assume and pay all liabilities of the old and dissolved firm, he acquires as between himself and the other partners, irrespective of the rights of creditors, the rights of a surety. — 1 Bates on Partnership, § 532 ; 17 Am. & Eng. Encyc. of Law, 1129.
But such an agreement between the partners themselves, to which the creditor of the firm is not a party, has no effect on him. The firm and each member thereof are…
2Cases cited5 opinions
- Lane & Bodley Co. v. JonesSupreme Court of Alabama · 1885
- Hall & Long v. JonesSupreme Court of Alabama · 1876
- Browning & Co. v. GradySupreme Court of Alabama · 1847
- Hall v. Tanner & DeLaney Engine Co.Supreme Court of Alabama · 1890
- Rorerts v. Strang, Adriance & Co.Supreme Court of Alabama · 1863
3Cited by5 opinions
- Webb v. ButlerSupreme Court of Alabama · 1915
- Bays v. JohnsonWest Virginia Supreme Court · 1917
- Grubbe v. PierceWisconsin Supreme Court · 1914
- Birmingham News Co. v. McConnellSupreme Court of Alabama · 1932
- Brannum v. Wertheimer-Swartz Shoe Co.Supreme Court of Alabama · 1897