Legal Opinion

Parker v. Wells

Supreme Court of Arkansas

Decided October 28, 1907PublishedCited by 8 opinions

Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. On the application for the appointment of a master, there was evidence clearly showing a sharing of profits between appellee and the intervener.

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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. On the application for the appointment of a master, there was evidence clearly showing a sharing of profits between appellee and the intervener. A sharing of profits in no fixed proportion, but upon a basis to be determined by the amount acquired in the conduct of the business, is a cogent evidence of a partnership. 74 Ark. 437; 63 Ark. 518. Though it may not be erroneous to refuse to appoint a master, yet in complicated transactions it is better- to do so. 35 Ark. 113; 86 Wis. 255. 2. It was error to place the burden on the…

1Opinion of the CourtMcCulloch, J.

Parker recovered judgment at law against Wells for $500, and then instituted. this suit in equity seeking to subject toward the satisfaction of his judgment a sum of money deposited in the Exchange National Bank of Little Rock by Wells in the name of the Arkansas Loan & Collection Agency. It is alleged in the complaint that the money deposited as aforesaid belonged to Wells, that the Arkansas Loan & Collecting Agency was a mere trade name of Wells in which he was doing business, and that he had deposited the said funds in bank under that name as a device, among others, to cover up his…

2Cases cited1 opinion

  1. Bryan v. MorganSupreme Court of Arkansas · 1879

3Cited by8 opinions

  1. McCoy Farms, Inc. v. J & M McKEESupreme Court of Arkansas · 1978
  2. McCrite v. Hendrix CollegeSupreme Court of Arkansas · 1939
  3. Ward v. SturdivantSupreme Court of Arkansas · 1910
  4. Norden v. McCallisterSupreme Court of Arkansas · 1945
  5. Crow v. RogersSupreme Court of Arkansas · 1930

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