Jacks v. Greenhaw
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; I. Wells had no authority to enter into a partnership or subpartnership with Greenhaw without Jacks’s consent, and create a liability for which Jacks would be in any manner responsible. He could not bring Greenhaw into the firm on a profit-sharing basis without Jacks’s consent.
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; I. Wells had no authority to enter into a partnership or subpartnership with Greenhaw without Jacks’s consent, and create a liability for which Jacks would be in any manner responsible. He could not bring Greenhaw into the firm on a profit-sharing basis without Jacks’s consent. Any claim Greenhaw had against Wells on account of such subpartnership would be confined to redress against Wells alone, and the latter had no right to mortgage the partnership property for an obligation so created. 22 Am. & Eng. Enc. of L. 163, note 4;…
1Opinion of the CourtSmith, J.
On May 25, 1912, George W. Greenhaw, the appellee, instituted a suit in the Lee Chancery Court, making J. C. Wells, doing business as the Jacks Transfer Company, and Dow Jacks defendants.
The complaint alleged that the defendant Wells had been engaged in- business in the city of Marianna for several years under the name and style of the Jacks Transfer Company, and that on the 20th day of March, 1911, he had executed to the plaintiff, Greenhaw, his note for $2,006.45, payable on the 20th day of December, 1911; that several payments had been made, leaving a balance due of $1,698.45; that on the…
2Cited by8 opinions
- Smith v. Stock Yards Loan Co.Supreme Court of Oklahoma · 1939
- O'Neal v. Judsonia State BankSupreme Court of Arkansas · 1914
- Waggoner v. Herring-Showers Lumber Co.Court of Appeals of Texas · 1926
- Garner v. HallumSupreme Court of Arkansas · 1925
- Heller v. MattarDistrict Court, W.D. Arkansas · 1955
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