Wells v. Brown

Decided December 15, 1887

Supreme Court of Alabama · decided 1887-12-15

Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 27th December, 1879, by James Wells, as the administrator of William Wells, deceased, against Joseph A. Brown, as the surviving partner of the late firm of Brown & Wells; and sought an account and settlement of the affairs of the said partnership.

Relies on Bradford v. Spyker's Adm'r · Brewer v. Browne

Good law ✅— No negative treatment on recordhow we know

Decided 1887-12-15

How this case has been cited

Cited by 7 later decisions — most recently May 1972

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SOMEEYILLE, J.

¶1— 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.

¶2Under this rule the present suit is barred, and can not be sustained.

¶3Affirmed.