Williams v. Walker
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; 1. The findings of the court are against the clear preponderance of the evidence. The plaintiff’s claim was not established as the law requires. 2. The claim is barred by the statute of limitations. 14 Ark. 62. The three-year statute of limitation is applicable to an action for an accounting between partners. 92 N. Y. S. 904; 102 App. Div. 589; 56 S. W. 418; 10 Ky. Law.
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Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; 1. The findings of the court are against the clear preponderance of the evidence. The plaintiff’s claim was not established as the law requires. 2. The claim is barred by the statute of limitations. 14 Ark. 62. The three-year statute of limitation is applicable to an action for an accounting between partners. 92 N. Y. S. 904; 102 App. Div. 589; 56 S. W. 418; 10 Ky. Law. Rep. 448; 10 O. C. D. 71; 161 Pac. 437; 14 Ark. 192; 20 R. C. L. 216, § 259. The burden was oh the plaintiff to show that his action was not barred. 69 Ark.…
1Opinion of the CourtSmith, J.
This litigation was begun September 8, 1917, when the First National Bank of Forrest City filed a bill against Eugene Williams and George P. Walker, to foreclose a mortgage. No defense was made to the suit, but on November 18, 1918, Walker filed a cross-bill against Williams, in which he alleged that he and Williams had entered into a partnership whereby, for a consideration of $7,500, they had purchased from Cook, Gray & Co., of Memphis, Tennessee, certain collaterals of the J. W. Beck Company, of Forrest City, deposited with Cook, Gray & Company to secure an indebtedness of the Beck…
2Cases cited1 opinion
- Lasker-Morris Bank & Trust Co. v. GansSupreme Court of Arkansas · 1918
3Cited by5 opinions
- Brandenburg v. BrandenburgSupreme Court of Arkansas · 1962
- Holloway v. MorrisSupreme Court of Arkansas · 1931
- Spears v. RichSupreme Court of Arkansas · 1966
- Booth v. HaydeSupreme Court of Arkansas · 1957
- Peden v. PedenSupreme Court of Arkansas · 1961