[Return to Alabama Supreme Court Cases, 1820-1826]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
In Dallas Circuit Court, David White and John B. Norris, as surviving partners of the late firm of Lane & White, declared in assumpsit against William B. Allen for goods sold and delivered, etc. On filing the declaration at September term, 1823, Norris came in proper person and disclaimed any interest in the event of the suit. At April term, 1824, Allen came in proper person, and said, “he cannot gainsay the plaintiff’s action, but that he owes the sum of three hundred and thirty-five dollars damages.” Judgment was thereupon entered against Allen for three and thirty-five dollars and costs; and he here assigns as error
JUDGE CRENSHAWIf the contract was made with the firm, though Norris at the time of commencing the action may have had no interest in it, White had a right to use his name. All the copartners must join in an action for a debt due to the firm, whether they have an interest in the event of the suit or not. The judgment was by confession for a sum certain.
It is the unanimous opinion of the court that the judgment be affirmed.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 365.
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