Stoddard & Co. v. Davis & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. L. B. Strange. This action was brought by the appellants, suing as partners; was founded on a promissory note for $217.73, dated September 6, 1860, and payable six months after date; and was commenced on February 4, 1870. The complaint described the defendants as “ William C. Davis and Thomas L. Scott, late merchants and partners, trading under and using the name and style of W. C. Davis & Co.; ” while in the…
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. L. B. Strange. This action was brought by the appellants, suing as partners; was founded on a promissory note for $217.73, dated September 6, 1860, and payable six months after date; and was commenced on February 4, 1870. The complaint described the defendants as “ William C. Davis and Thomas L. Scott, late merchants and partners, trading under and using the name and style of W. C. Davis & Co.; ” while in the marginal statement of the parties’ names they were designated as “ W. C. Davis & Co.,” and in the summons their…
1Opinion of the CourtBrickell, J.
Under the statutes of this State, judgments, bonds, covenants, or promises in writing of any description whatever binding a partnership, are several as well as joint; and an action on them may be prosecuted against the partnership, by its common or firm name, or against any one or more of the partners. Rev. Code, §§ 2588-89. In this case, the complaint is against the defendants individually, describing them as “late partners;” and it discloses that it is founded on a promissory note made by the partnership. The summons issues against the partners in their individual names, not describing them…
2Cases cited2 opinions
- Sexton v. RoneSupreme Court of Alabama · 1845
- Smith v. WileySupreme Court of Alabama · 1851