Roach v. Rector
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; The cause should have been transferred to equity. The facts disclose a partnership between the plaintiff and N. M. or E. T. Roach. 87 Ark. 142; 134 Pa. 482; 104 Cal. 302; 35 Ga. 234; 74 Ark. 437; 63 Ark. 518; 44 Ark. 423; 80 Ark. 23; 145 U. S. 611. 1. As to whether or not a partnership exists, it is the intention of the parties which controls and is conclusive as between them. 2 Ark. 346; 22 Ark. 381; 39 Ark. 280; 44…
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Appeal from Polk Circuit Court; James S. Steel, Judge; The cause should have been transferred to equity. The facts disclose a partnership between the plaintiff and N. M. or E. T. Roach. 87 Ark. 142; 134 Pa. 482; 104 Cal. 302; 35 Ga. 234; 74 Ark. 437; 63 Ark. 518; 44 Ark. 423; 80 Ark. 23; 145 U. S. 611. 1. As to whether or not a partnership exists, it is the intention of the parties which controls and is conclusive as between them. 2 Ark. 346; 22 Ark. 381; 39 Ark. 280; 44 Ark. 423; 54 Ark. 384; 56 Ark. 281; 42 Ark. 390; 4 Ark. 421; 74 Ark. 437; 87 Ark. 412; 145 U. S. 611; 71 Ill. 148; 28 O.…
1Opinion of the CourtFrauenthal, J.
The appellee, George L. Rector, who was the plaintiff below, instituted this suit in the Polk Circuit Court against the defendants, N. M. Roach, E. T. Roach, Fred Teeter and B. E. Milam, for damages on account of the wrongful taking and conversion of a stock of merchandise. In his complaint he alleged that in 1905 and prior to that time his wife, W. K, Rector, was engaged in the mercantile business at Gillham, Ark., and that she was indebted to the defendant N. M. Roach; that N. M. Roach was the wife of defendant E. T. Roach, who was her agent in the management and conduct of her business. In…
2Cases cited8 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Rector v. RobinsSupreme Court of Arkansas · 1905
- Culley & Son v. EdwardsSupreme Court of Arkansas · 1884
- Northrup v. McGillMichigan Supreme Court · 1873
- Johnson v. RothschildsSupreme Court of Arkansas · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Thompson v. SchmittTexas Supreme Court · 1925
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- State Ex Rel. Attorney General v. Gus Blass Co.Supreme Court of Arkansas · 1937
- United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
- Patterson v. RisherSupreme Court of Arkansas · 1920
12 more not listed; retrieve them via the Exa API.