Mitchell v. Fish
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; statement by the court. C. J. Mitchell instituted this action in chancery court against Ad Fish to recover the profits due her from an alleged partnership between them.
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Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; statement by the court. C. J. Mitchell instituted this action in chancery court against Ad Fish to recover the profits due her from an alleged partnership between them. The facts are substantially as follows: The plaintiff states that in 1899 she was living with her husband in Leadville, Colorado; that they did not get along well together, and on August 5, 1899, she left her husband without securing a divorce from him, and went to Wardner, Idaho, in company with the defendant, A1 Fish; that neither of them had any money or…
1Opinion of the CourtHart, J.
(after stating the facts). In the case at bar the court found that a partnership had existed between the plaintiff and defendant, and that there was community of interest between them in the funds arising from the sale of the property, but refused to give plaintiff the relief prayed for because the contract of partnership was tainted with immorality.
The finding of the chancellor that there was a partnership was not contrary to the weight of the evidence, and, according to the settled rules in this State, his finding in that regard will be sustained. We are of the opinion, however, that he was…
2Cases cited6 opinions
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- De Leon v. Manuel Trevino & Bro.Texas Supreme Court · 1878
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
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3Cited by18 opinions
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