Hatcher v. Branch, Powell & Co.
Supreme Court of Alabama
Appeal from tlie Circuit 'Court of Montgomery. Tried before tbe Hon John G. Winter. This was an action brought by the appellees, Branch, Powell & Co., against the appellant, to recover the amount alleged to be due upon two promissory notes. In the complaint the plaintiff was described as follo ws: “Branch, Powell & Co., a copartnership, composed of E. C. Branch, B. P. Powell and K, II. Powell.”
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Appeal from tlie Circuit 'Court of Montgomery. Tried before tbe Hon John G. Winter. This was an action brought by the appellees, Branch, Powell & Co., against the appellant, to recover the amount alleged to be due upon two promissory notes. In the complaint the plaintiff was described as follo ws: “Branch, Powell & Co., a copartnership, composed of E. C. Branch, B. P. Powell and K, II. Powell.” The defendant demurred to the complaint upon the ground that it shows on its face that it is an action by a partnership, and there is no authority in law for a partnership as such to bring an action at…
1Opinion of the CourtDowdell, J.
While the suit appears to have been brought in the name of the partnership as plaintiff, still the individual names of the partners composing the firm were set out in the complaint. On the authority of Foreman v. Weil Bros., 98 Ala. 496, the trial court properly overruled the demurrer to- the complaint on the ground that the suit was brought in the name of the partnership. The case of Simmons v. Titche, 102 Ala. 317, cited by council for appellant, is unlike the case at bar, and that of Foreman v. Weil Bros., supra, in that in the former case, the suit was brought in the firm name, and the…
2Cases cited3 opinions
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Holley v. CoffeeSupreme Court of Alabama · 1898
- Simmons v. Titche Bros.Supreme Court of Alabama · 1893
3Cited by7 opinions
- Smith Bros. v. Agee & Co.Supreme Court of Alabama · 1912
- Shears v. All States Life Ins. Co.Supreme Court of Alabama · 1942
- Metropolitan Life Ins. Co. v. KorneghyAlabama Court of Appeals · 1954
- E. E. Yarbrough Turpentine Co. v. TaylorSupreme Court of Alabama · 1918
- Greer & Walker v. Liipfert-Scales Co.Supreme Court of Alabama · 1908
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