Crosswell v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before Hon. J. Q. Smith. This was an action of trover, brought by B. H. Crosswell, against Lehman, Durr & Co., warehousemen, to recover damages for the conversion of nine bales of cotton by the latter. The cotton in controversy was the property of Pierce, Nummy & Co., who cultivated the plantation on which it was raised.- Nummy & Co., a partnership in other matters, constituted one member of the firm and Pierce the other.
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Appeal from Circuit Court of Montgomery. Tried before Hon. J. Q. Smith. This was an action of trover, brought by B. H. Crosswell, against Lehman, Durr & Co., warehousemen, to recover damages for the conversion of nine bales of cotton by the latter. The cotton in controversy was the property of Pierce, Nummy & Co., who cultivated the plantation on which it was raised.- Nummy & Co., a partnership in other matters, constituted one member of the firm and Pierce the other. The accounts of the partnership were unsettled, and there was a contention among the partners about it, with regard to Pierce,…
1Opinion of the CourtBrickell, C. J.
A partnership is an entirety; the title
to its property resides not in the individual members, but in the partnership. Every partner owns the whole property, subject to the equal ownership of every other partner, and without the consent of his associates, no one partner can convert his ownership of any part, into a separate, absolute ownership.—Parsons on Part. 168. Not only does the title to partnership property reside in the partnership, but the possession also, and each partner has an equal right with his associates to possession, from which he may not be rightfully excluded, without the…
2Cases cited5 opinions
- Lee v. MathewsSupreme Court of Alabama · 1846
- Law v. FordNew York Court of Chancery · 1830
- St. John v. O'ConnelSupreme Court of Alabama · 1838
- Jones v. FortSupreme Court of Alabama · 1860
- Gray v. CrocheronSupreme Court of Alabama · 1838
3Cited by9 opinions
- Davis v. Sowell & Co.Supreme Court of Alabama · 1884
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Powell v. Robinson & LedyardSupreme Court of Alabama · 1884
- Riddle v. BlairSupreme Court of Alabama · 1906
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