Burke's ad. v. Stillwell ex'r
Supreme Court of Arkansas
Error to Pulaski Circuit Court. Hon. JohN J. CueNdeNIN, Circuit Judge. The items of the set-off due to Fowler and Stillwell jointly, were not properly allowed as a set-off in this action, against the executor of Fowler. Eizzellvs. Stone, 7 Eng. 378; 2 Pcursons on Con., 243, 244, and cases cited in notes. They are not due to Fowler’s representative, but belong to the surviving partner, who alone can sue for them. Story on Pa/rt. sec. 346, and cases cited.
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Error to Pulaski Circuit Court. Hon. JohN J. CueNdeNIN, Circuit Judge. The items of the set-off due to Fowler and Stillwell jointly, were not properly allowed as a set-off in this action, against the executor of Fowler. Eizzellvs. Stone, 7 Eng. 378; 2 Pcursons on Con., 243, 244, and cases cited in notes. They are not due to Fowler’s representative, but belong to the surviving partner, who alone can sue for them. Story on Pa/rt. sec. 346, and cases cited. The instrument by which the defendant attempted to show that Smith had an interest in the money collected, was nothing more than a power of…
1Opinion of the CourtJustice Faieohild
The administratrix of Patrick G. Burke brought an action of assumpsit against Stillwell, the executor of Fowler, and the evidence in it for the plaintiff, was the following writing, executed by Fowler:
Columbia, April 5th, 1857.
Memorandum for Patrick G. Burke, esq.
Patrick G. Burke, plaintiff, ) Judgment in Chicot versus [-Circuit Court, March Lycurgus Jj. Johnson and Nathan Boss. ) term, 1857.
For $1,019 19 cts. in damages, amount settled by drafts in my hands, to be accounted for, etc., on settlement. Defendants to pay costs for which execution has been ordered, is not paid, etc.
A. FOWLER.
With…
2Cases cited1 opinion
- Leach v. LambethSupreme Court of Arkansas · 1854
3Cited by2 opinions
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Rush v. Citizens National BankSupreme Court of Arkansas · 1914