57 Ala. 1 | Ala. | 1876
The complaint is against the appellee and B. Newhouse, as partners under the firm name of B. Newhouse & Co., and contains two counts — the first on an account for goods sold and delivered, the second on an account stated. Process was not served on B. Newhouse, and as to him a discontinuance was entered. The appellee appeared, and pleaded in short by consent, six pleas, among which is the general issue, payment, and set-off; and a seventh plea, drawn out in full, averring that the appellee and B. Newhouse were not partners at the time the suit was commenced. Issue being taken on all these pleas, on the trial, the appellant introduced evidence tending to prove the correctness of the account, and that payments had been made on it by the appellee, and the existence of the partnership alleged. The appellee introduced evidence tending to show that in 1857 there were two persons of the name of Benjamin Newhouse: the one Benjamin, simply, and the other Benjamin F.; that until the death of Benjamin, in 1859, he and the ap* pellee were partners, under the firm name of B. Newhouse & Co. After his death, and in 1861, when this account was contracted with .appellant, the appellee and Benjamin F.
The immateriality of this issue was not ground for setting aside the verdict, which was general, on all the issues, the others being material. There is nothing appearing of record to indicate that the verdict was not supported by the evidence on the material issues.—State v. Hood, 7 Blackf. 127; Wallace v. Barlow, 3 Bibb, 168.
We are compelled to affirm the judgment.