Watson v. Hamilton
Supreme Court of Alabama
Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by Mintie C. Watson against Newton O. Hamilton to declare tbe interest owned and held by E. E. Hamilton in the partnership óf N. O. & E. E. Hamilton at the time of the death of E. E. Hamilton, and to state an account, and determine complainant’s interest in the same, as an heir of said E. E. Hamilton. Prom a decree finding the non-existence of a partnership, complainant appeals.
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Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by Mintie C. Watson against Newton O. Hamilton to declare tbe interest owned and held by E. E. Hamilton in the partnership óf N. O. & E. E. Hamilton at the time of the death of E. E. Hamilton, and to state an account, and determine complainant’s interest in the same, as an heir of said E. E. Hamilton. Prom a decree finding the non-existence of a partnership, complainant appeals. Counsel insist that complainant has a right to invoke the jurisdiction of a court of equity to protect her interest in said estate and…
1Opinion of the CourtAnderson, J.
A partnership is never created by implication or operation of law, apart from an express or implied agreement to constitute the .relation. This doctrine must not be confused with holding persons liable as partners by estoppel, or in a feAV states by sharing profits. Bates on Partnership, § 3 While there must be a contract between the parties, express or implied, neither writing, nor any other particular form, need be observed in the formation of a trading or laboring contract. Mutual consent of two or more competent minds can make this, as it can make other contracts. And, like most other…
2Cases cited6 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Causler v. WhartonSupreme Court of Alabama · 1878
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Chisholm v. CowlesSupreme Court of Alabama · 1868
- Kennedy v. HallIllinois Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Joseph v. Donover Co.Court of Appeals for the Ninth Circuit · 1958
- Burnett v. Lemon Et Ux.Oregon Supreme Court · 1949
- Donald v. ReynoldsSupreme Court of Alabama · 1934
- Fred Gray Cotton & Gin Co. v. SmithSupreme Court of Alabama · 1926
- Joseph v. Donover CompanyCourt of Appeals for the Ninth Circuit · 1959
13 more not listed; retrieve them via the Exa API.