123 Ala. 460 | Ala. | 1898
The appellant was sued as administrator of the estate of A. Q. Fulmore, deceased, on a promissory note given by the firm of Roper & Company to the plaintiff. The complaint avers that the note sued
One partner has no authority to bind another after the dissolution of the firm by signing the partnership name to a note for goods purchased by the firm prior to dissolution, nor even to renew a note given by the firm without the knowledge or consent of the other.—Rose v. Gunn, 79 Ala. 411; Myatts & Moore v. Bell, 41 Ala. 222; Cunningham v. Bragg & Co., 37 Ala. 436.
Under the plea of non esb factum the burden of proof was upon the plaintiff to show that the note was either executed by the defendant’s intestate, or if by another partner of the firm of which he was a member after its dissolution, then it was so executed with the knowledge and consent of the defendant’s intestate. So far as the bill of exceptions discloses — and it purports to set out all the evidence — there was a failure on the part of the plaintiff' to discharge the burden put upon him by the law. Nor do we think that the evidence affords such reasonable grounds of inference as would require the court to submit the question to the jury. The court erred in refusing to give the general charge requested by the defendant.
For the error pointed out the judgment of the court is reversed and the cause remanded.