Bestor v. Barker
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The bill in this case was filed by the appellants, Daniel P. Bestor, Charles L. Huger and John F. Taylor, against the appellees, James W. Lapsley, Osborne H. Parker, Oscar E. Smith and William Stringfellow, executors of the last will and testament of Duncan T. Parker, and P. D. Barker.
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The bill in this case was filed by the appellants, Daniel P. Bestor, Charles L. Huger and John F. Taylor, against the appellees, James W. Lapsley, Osborne H. Parker, Oscar E. Smith and William Stringfellow, executors of the last will and testament of Duncan T. Parker, and P. D. Barker. The relief in the case is based upon the theory that the complainants and Duncan T. Parker and P. D. Barker were partners, and that Parker and Barker took advantage of this confidential relation to perpetrate a fraud upon…
1Opinion of the CourtBriokell, C. J.
— It is not of importance to the decision of the case, in any of the aspects in which it is now presented, to determine whether the agreement into which the parties entered, forming the “Cotton Press Association of Mobile,” as between the parties, created *250a partnei’ship, or an enterprise to promote a common purpose and the mutual benefit of the parties, not having the essential elements and characteristics of a partnership. The bill denominates the association a partnership, and treats the relations between the parties as that of partners. But this is immaterial; the agreement is exhibited…
2Cases cited7 opinions
- Getty v. . DevlinNew York Court of Appeals · 1873
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- Couch v. WoodruffSupreme Court of Alabama · 1879
- Tayloe v. BushSupreme Court of Alabama · 1883
- Yeaton and Others v. Lenox and Others.Supreme Court of the United States · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Burgess Min. & Const. Corp. v. LeesSupreme Court of Alabama · 1983
- McDonald v. CampbellSupreme Court of Minnesota · 1905
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Mitchell v. GruenerMassachusetts Supreme Judicial Court · 1925
- Reyer v. BlaisdellColorado Court of Appeals · 1914
7 more not listed; retrieve them via the Exa API.