Cunningham v. Bragg & Co.

Supreme Court of Alabama
Cunningham v. Bragg & Co., 37 Ala. 436 (Ala. 1861)
Stone

Cunningham v. Bragg & Co.

Opinion of the Court

STONE, J.

The ruling of the circuit court in this case can not be supported. After'the dissolution of tbe firm, the one partner bad no authority to bind*the other by any new contract he might enter into* The note which.Mr. Cole executed was the evidence of a- debt, an- admission that the sum therein mentioned was due to Messrs. Bragg & Co. He had no authority to bind Mr. Cunningham by his admissions. The proof, as-recited in, the record, did not authorize a recovery against - the present 'appellant, on-the note. A recovery on the original contract, if proved, may probably be had on a proper count. — Lang v. Waring, 17, Ala. 145, 157, and authorities : Coll. on Partnership, by Perkins, § 540, and note;. ib. § 546; Perine v. Keene, 19 Maine, 355 Bowman v. Blodgett, 2 Metc. 308 ; Edgar v. Cook, 4 Ala. 588 ; Lee v. Fountain & Freeman, 10 Ala. 755.

Reversed and remanded.

Reference

Full Case Name
CUNNINGHAM v. BRAGG & CO.
Cited By
7 cases
Status
Published