United Drug Co. v. Gramling-Belcher Drug Co.
Supreme Court of Alabama
1Opinion of the CourtS Omervtlle, J.
We infer from the briefs of counsel that judgment was rendered for defendant by the trial court on the theory that his copartner, Belcher, was without authority to bind him by executing the notes in question in the name of the partnership, either because giving the notes was not necessary to carrying on the business in the ordinary manner (Code 1923, §§ 9375, 9376), or because defendant himself refused to sign the contract or the notes given pursuant thereto, when Belcher talked with him about it and proposed it, or because defendant notified plaintiff’s agent that he would not sign the notes.
2Cases cited4 opinions
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Knapp v. McBrideSupreme Court of Alabama · 1844
- Johnston & Co. v. Dutton's Adm'rSupreme Court of Alabama · 1855
- Hurt v. ClarkeSupreme Court of Alabama · 1876
3Cited by4 opinions
- R. L. Turner Motors v. HilkeySupreme Court of Alabama · 1954
- McCrary v. LathamAlabama Court of Appeals · 1944
- Alabama Cabinet Works v. Benson Hardware Co.Supreme Court of Alabama · 1929
- First State Bank of Altoona v. ChadwickAlabama Court of Appeals · 1932