1 Minor 365
Decided December 15, 1824
Supreme Court of Alabama · decided 1824-12-15
IN Dallas Circuit Court, David While and John. B. Norris, as surviving partners of the late firm of Lane and White, ■declared in assumpsit against William B. Allen for goods sold and delivered, &c. On filing the declaration at September term, 1823, Norris came in proper person and disclaimed any interest in the event of the suit.
Decided 1824-12-15
¶1If 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.
¶2The judgment was by confession for a sum certain.
¶3It is the unanimous opinion of- the Court that the judgment be affirmed.