Philips v. Lockhart
Supreme Court of Alabama
Error to the Circuit Court of Perry County. ASSUMPSIT by the plaintiff in error, against the defendant in error and judgment for the defendant.
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Error to the Circuit Court of Perry County. ASSUMPSIT by the plaintiff in error, against the defendant in error and judgment for the defendant. On the trial of the cause, the plaintiff produced a Mr. Hunt» ington, who testified that there had previously existed a co-partnership between himself, the plaintiff, and one Anthony, under the style of Philips, Anthony & Co., whose business was tavern keeping; that defendant purchased the interest of witness and Anthony, for which he paid one hundred dollars, as a part of the consideration, and besides, agreed verbally with them to pay their…
1Opinion of the CourtOrmond, J.
— The bill of exceptions in this case, though not very lucid, presents two questions:
First. The effect of a verbal promise to pay the debt of another.
Second. The liability of one partner to another for the partnership debts paid by one, after the dissolution of the partnership.
On the first point the proof set out in the record is, that the defendant purchased the interest of Huntington and another, in a firm, composed of these two persons and the plaintiff, with his consent, and became his partner. The defendant agreeing verbally, to pay the proportion of the two partners whose interest he…
2Cited by5 opinions
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- Morrow v. RileySupreme Court of Alabama · 1849
- Jones v. CadeAlabama Court of Appeals · 1922
- Cox v. ThomasSupreme Court of Alabama · 1927