Brooke v. Tucker
Supreme Court of Alabama
Appeal, from Crenshaw Chancery Court. Heard before Hon. W. L. Parks. This was a bill praying that a reference be held to state an account between complainant and respondent so far as their connection with the business of the Crenshaw County Critic is concerned; that the register on said reference ascertain and report to the court the amount of indebtedness now due upon the mortgage made by the said Brooke to the Bank of Luverne, and also the amount due upon the mortgage made…
Read the full summary
Appeal, from Crenshaw Chancery Court. Heard before Hon. W. L. Parks. This was a bill praying that a reference be held to state an account between complainant and respondent so far as their connection with the business of the Crenshaw County Critic is concerned; that the register on said reference ascertain and report to the court the amount of indebtedness now due upon the mortgage made by the said Brooke to the Bank of Luverne, and also the amount due upon the mortgage made by said Brooke to B. S. Griel, T. W. Shows, J. F. Walker, J. A. Bell, Joseph F. Johnson,' A. H. Hill, and A. A. Wiley;…
1Opinion of the Court
DENSON, J. —
Whether complainant and Brooke are partners inter sese must be determined by their intention ,as the same is expressed in or may be gather from the written agreement entered into by them, a copy of wMch is made a part of the bill. — Pollard v. Stanton, 7 Ala. 761; Couch v. Woodruff, 63 Ala. 466; Bestor v. Barker, 106 Ala. 240-250, 17 South. 389; 24 Am. & Eng. Ency. Law, 26. By the contract it is made to appear that complainant and Brooke associated themselves together for the publication of a newspaper. It also ap-. pears that at the time the contract was made Brooke was sole…
2Cases cited13 opinions
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Couch v. WoodruffSupreme Court of Alabama · 1879
- Smith's v. GarthSupreme Court of Alabama · 1858
- Bestor v. BarkerSupreme Court of Alabama · 1894
- Bard v. BinghamSupreme Court of Alabama · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Whitley v. BradleyCalifornia Court of Appeal · 1910
- Doudell v. ShooCalifornia Court of Appeal · 1912
- Latimer v. MilfordSupreme Court of Alabama · 1941
- First State Bank v. SpencerCourt of Appeals for the Eighth Circuit · 1915
12 more not listed; retrieve them via the Exa API.