Opinion

Wells v. Brown

  • 83 Ala. 161
Court
Supreme Court of Alabama
Filed
Dec 15, 1887
Status
Published
Author
Someeyille
On the bench
Someeyille
Cited by
8 cases
Authority
More cited than 81.8%

The opinion

SOMEEYILLE, J.

— The bill is one for the settlement of a dissolved copartnership, filed against the surviving partner by the personal representative of the deceased partner. Such a suit is barred in equity unless commenced within six years of the last item of debit or credit, or other like partnership transaction, on an account between the partners, from which a promise on the part of the defendant may be implied to pay any balance that might be due by him on final settlement. — Bradford v. Spyker, 32 Ala. 134 ; Brewer v. Browne, 68 Ala. 210 .

Under this rule the present suit is barred, and can not be sustained.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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