Waring & Son v. Grady's
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by the appellants, suing as partners, against P. A. Grady and Jno. J. Moulton, and was discontinued as to said Moulton, who was not served with process.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by the appellants, suing as partners, against P. A. Grady and Jno. J. Moulton, and was discontinued as to said Moulton, who was not served with process. The amended complaint, on which the trial was had, was in these words :The plaintiffs claim of the defendants, as late joint owners and copartners of the steamboat Black Diamond, and as copartners in the freight of said boat, the sum of six hundred and sixty dollars, due for two hundred sacks of salt sold and delivered by said plaintiffs to…
1Opinion of the CourtPeters, C. J.
— A partnership is created by agreement of the parties who constitute it, and it may be entered into with reference to a custom or usage of the place where its business is to be transacted. If this custom is a legal one, and such as the law will enforce, it may modify the legal effect of the partnership agreement; and such a custom may be shown, in connection with the contract, to establish the intention of the parties in entering into it, for such a custom becomes a part of the contract itself, and explains its stipulations. Sampson & Lindsay v. Gazzum, 6 Porter, 123; Mills v. United States…
2Cases cited7 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Upson v. RaifordSupreme Court of Alabama · 1856
- Pritchett v. MunroeSupreme Court of Alabama · 1853
- Holmes v. StateSupreme Court of Alabama · 1853
- Johnston & Co. v. Dutton's Adm'rSupreme Court of Alabama · 1855
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3Cited by4 opinions
- Corey v. StruveCalifornia Court of Appeal · 1911
- Douglas & Mizell v. Ham Turpentine Co.Supreme Court of Alabama · 1923
- Shackelford v. WilliamsSupreme Court of Alabama · 1913
- Ham Turpentine Co. v. MizellSupreme Court of Alabama · 1926