Clark v. Taylor & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. Luther R. Smith. This action was brought by Willis Gr. Clark, against the partners composing the firm of S. T. Taylor & Co., and was commenced on the 26th March, 1878. The action was founded on an account for goods sold and delivered to the defendants, daring the years 1876 and 1877, by the firm of W. F. Wins-lett & Co., which was composed of the plaintiff and said W. F. • Winslett; and the plaintiff sued as tbe…
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Appeal from the Circuit Court of Choctaw. Tried before the Hon. Luther R. Smith. This action was brought by Willis Gr. Clark, against the partners composing the firm of S. T. Taylor & Co., and was commenced on the 26th March, 1878. The action was founded on an account for goods sold and delivered to the defendants, daring the years 1876 and 1877, by the firm of W. F. Wins-lett & Co., which was composed of the plaintiff and said W. F. • Winslett; and the plaintiff sued as tbe successor and assignee of the partnership. The complaint contained the common counts for goods sold and delivered, on…
1Opinion of the CourtSomeryille, J.
It is a general rule of law relating to partnerships, that each partner is the agent of the firm, as to all transactions coming within the' scope of the partnership business. This general authority is to be tested by the nature of the particular business to which the partnership relates, and its ordinary usages.—1 Collier Part. § 412, p. 648. As between the partners themselves, this authority may be limited or controlled by special agreement; but, as to third persons, having no notice of such limitation, the partnership would be bound by the exercise of such general authority by any one…
2Cases cited13 opinions
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Patterson v. WareSupreme Court of Alabama · 1846
- Mobile & Montgomery Railway Co. v. JaySupreme Court of Alabama · 1880
- Lamb v. BrolaskiSupreme Court of Missouri · 1866
- Ross v. PearsonSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cannon v. LindseySupreme Court of Alabama · 1887
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1893
- Watts & Son v. SayreSupreme Court of Alabama · 1884
16 more not listed; retrieve them via the Exa API.