Report of Cases Argued and Determined in the Court of Appeals of Alabama, Volume 9West Publishing Company, 1914 - Law reports, digests, etc |
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Results 1-5 of 100
Page 108
... Liability ; Burden of Proof . - Where the firm or any member thereof seeks to escape liability for an unauthorized con- tract of a partner made within the scope of the partnership busi- ness , it or he has the burden to show that the ...
... Liability ; Burden of Proof . - Where the firm or any member thereof seeks to escape liability for an unauthorized con- tract of a partner made within the scope of the partnership busi- ness , it or he has the burden to show that the ...
Page 109
... liability for future acts of his partner ; persons who have had dealings with the firm being entitled to acts of notice , although persons who have had no dealings may be barred by constructive notice . 9. Same ; Power of Partner . The ...
... liability for future acts of his partner ; persons who have had dealings with the firm being entitled to acts of notice , although persons who have had no dealings may be barred by constructive notice . 9. Same ; Power of Partner . The ...
Page 111
... liability for the unauthorized act of a partner , when done within the scope of the part- nership business , the burden is on it or them to show that the partner was without authority to make the particular contract and that the person ...
... liability for the unauthorized act of a partner , when done within the scope of the part- nership business , the burden is on it or them to show that the partner was without authority to make the particular contract and that the person ...
Page 112
... liability for the future acts of his partners , must give due notice of the disso- lution . All persons who have had dealings with the firm before its dissolution are entitled to have actual notice , but as to those who have had no ...
... liability for the future acts of his partners , must give due notice of the disso- lution . All persons who have had dealings with the firm before its dissolution are entitled to have actual notice , but as to those who have had no ...
Page 114
... liability for plain- tiff's claim on two grounds : First , that the employ- ment of plaintiff by Cohen was not an ... liable ; second , that even if it was an act within the general scope of the partnership business , the partnership was ...
... liability for plain- tiff's claim on two grounds : First , that the employ- ment of plaintiff by Cohen was not an ... liable ; second , that even if it was an act within the general scope of the partnership business , the partnership was ...
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Common terms and phrases
57 South 63 South action affirmative charge agent alleged amount Anniston Appeal and Error appellee assignments of error Assumpsit Attorney authority averments bank bill of exceptions bill of lading Birmingham Birmingham City bona fide purchaser breach cause Circuit Court City Court claim Code Company complaint contract count court erred damages December 18 defendant defendant's demurrers dence detinue duty entitled evidence fact fendant filed garnishee Greek-American ground Harmless Error Heard Heard before Hon indictment injury Judgment for plaintiff jury liability lien Lumber ment Montgomery Montgomery Journal mortgage motion negligence objection overruling paid party payment person plaintiff pleadings purchase question R. C. BRICKELL Railway record recover refused rendered Reversed and remanded rule set-off shipment statute sued sufficient suit supra sustained Tallapoosa County testified testimony tiff tion trial court verdict W. L. MARTIN WALKER witness
Popular passages
Page 351 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 351 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 356 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 131 - That the price of the same commodity will be raised, for he who has the sole selling of any commodity, may and will make the price as he pleases.
Page 112 - After the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind. up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise.
Page 426 - That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act...
Page 129 - It is perhaps correct to say that public policy is that principle of law which holds that no person can lawfully do that which has a tendency to be' injurious to the public or against the public good...
Page 352 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted.
Page 540 - Certainly, denial of a motion for a new trial on the grounds that the verdict was against the weight of the evidence would not be subject to review.
Page 494 - By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or bye-laws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf...