Fielder v. Varner
Supreme Court of Alabama
Appeal from Circuit Court of Bullock. Tried before Hon. J. McCaleb Wiley. The facts of the case are stated in the opinion. 1. The note sued on is Fielder’s individual property. The application of the proceeds of the sale of the mortgaged property, to the debts due the firm of Sessions & Fielder, was made by the firm of Sessions & Fielder, and Fielder, as an individual, is not affected by the acts of the firm.
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Appeal from Circuit Court of Bullock. Tried before Hon. J. McCaleb Wiley. The facts of the case are stated in the opinion. 1. The note sued on is Fielder’s individual property. The application of the proceeds of the sale of the mortgaged property, to the debts due the firm of Sessions & Fielder, was made by the firm of Sessions & Fielder, and Fielder, as an individual, is not affected by the acts of the firm. In transactions of this character, the individual is disconnected from the firm of which he is a member, and is no more estopped by its acts than if he was not a member of the firm. —…
1Opinion of the CourtPeters, J.
On the fourth day of March, 1868, the appellant sued the appellees in the circuit court of Bullock county, by summons and complaint. The cause of action was a promissory note, in the following words, to-wit:
“$478 67. — On or before the 25th day of December next, we, or either of us, promise to pay James H. Fielder, or bearer, the sum of four hundred and seventy-eight dollars and fifty-seven cents, for value received, in gold or its equivalent. This the 3d day of January, 1866.
(Signed) J. W. Scott,
Isaac Sanders,
K. M. Yarner, s. o.,
Thomas Youngblood.”
On the trial, the defendants pleaded the…
2Cases cited4 opinions
- Cook v. DyerSupreme Court of Alabama · 1842
- Allen v. GreeneSupreme Court of Alabama · 1851
- Steele v. MealingSupreme Court of Alabama · 1854
- Perrine v. Fireman's InsuranceSupreme Court of Alabama · 1853
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- American Mortgage Co. v. WrightSupreme Court of Alabama · 1893
- Bostick v. JacobsSupreme Court of Alabama · 1901
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