Carpenter v. Beal-McDonnell & Co.
District Court, E.D. Arkansas
In Equity. Suit by Nathaniel E. Carpenter against Beal-McDon-nell & Co. and another. This is a bill in equity against the defendants, composing the copartnership of Beal-JlcDonnell & Co., to compel them and their officers to make a transfer to the plaintiff of certain certifícales of membership in said firm.
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In Equity. Suit by Nathaniel E. Carpenter against Beal-McDon-nell & Co. and another. This is a bill in equity against the defendants, composing the copartnership of Beal-JlcDonnell & Co., to compel them and their officers to make a transfer to the plaintiff of certain certifícales of membership in said firm. The facts as set out in the bill are: That the defendants are members of the joint-stock company or copartnership engaged in the wholesale dry goods business in the city of Little Rock. That it was organized by written agreement providing that the interests of each member or partner…
1Opinion of the CourtTrieblr, District Judge
(after stating the facts as above). [1] There are two contentions made by counsel for plaintiff which can be disposed of without incumbering this opinion with a large number of citations; (1) That the contract alleged to have been a mere wager, having been fully executed by the delivery of the certificates, cannot be disturbed; (2) that if the plaintiff does not require the aid of an illegal transaction to establish his claim he may recover, although the consideration of his claim was unlawful.
*456These rules are no doubt correct in a certain class of cases, blit are. clearly inapplicable when…
2Cases cited40 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Fauntleroy v. LumSupreme Court of the United States · 1908
- Mills v. DuryeeSupreme Court of the United States · 1813
- Andrews v. AndrewsSupreme Court of the United States · 1903
35 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- F. M. Davies & Co. v. PorterCourt of Appeals for the Eighth Circuit · 1918
- Beal v. CarpenterCourt of Appeals for the Eighth Circuit · 1916
- McDonald v. BryantSupreme Court of Arkansas · 1964