Thornton v. Kerr
Supreme Court of Alabama
Writ of error to the Circuit Court of Chambers. The defendants in error declared against Wm. A. Thornton, Parham M. Thornton and Alexander PI. McDaniel, as partners, trading under the style and firm of Thornton & McDaniel, in as-sumpsit, on two promissory notes, amounting in the aggregate to the sum of nine hundred and seventeen 65-100 dollars. W. A. Thornton denied by plea that the notes in suit were made by him or his authority, and verified his plea by affidavit.
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Writ of error to the Circuit Court of Chambers. The defendants in error declared against Wm. A. Thornton, Parham M. Thornton and Alexander PI. McDaniel, as partners, trading under the style and firm of Thornton & McDaniel, in as-sumpsit, on two promissory notes, amounting in the aggregate to the sum of nine hundred and seventeen 65-100 dollars. W. A. Thornton denied by plea that the notes in suit were made by him or his authority, and verified his plea by affidavit. By consent of parties, P. M. Thornton was admitted to be a bankrupt, and a verdict allowed to be rendered in his favor; and…
1Opinion of the CourtCollier, C. J.
The only question submitted to the jury, was, whether the defendant below made the note declared on, either personally, or by one who was authorized to bind him to its payment. In order to fix a liability, the declarations of one who represented himself to be the defendant’s partner, is admitted to show that this relation existed between them. The fact that the party, of whose declarations the plaintiffs availed themselves, is not sued in this action, or is dead, can have no influence upon the admissibility of the evidence; for if the living partners are insolvent, it is allowable to sue the…
2Cases cited1 opinion
- Bartlett v. LangSupreme Court of Alabama · 1841
3Cited by4 opinions
- Central Railroad & Banking Co. v. SmithSupreme Court of Alabama · 1884
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Campbell v. Hastings, Britton & Co.Supreme Court of Arkansas · 1874
- Aston v. JemisonSupreme Court of Alabama · 1849