Legal Opinion

Bertrand v. Barkman

Supreme Court of Arkansas

Decided January 15, 1852Published

Appeal from Chancery side of Clark Circuit Court. The facts of this case are substantially as follows : On the 12th April, 1844, co-partnership articles were entered into at New Orleans, in Louisiana, by notarial act,between Jacob Barkman, of Arkansas, and John G. Pratt and Seth E. Belknap, of New Orleans, by which the parties associated themselves as Cotton and Commission Merchants, to carry on business in New Orleans.

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Appeal from Chancery side of Clark Circuit Court. The facts of this case are substantially as follows : On the 12th April, 1844, co-partnership articles were entered into at New Orleans, in Louisiana, by notarial act,between Jacob Barkman, of Arkansas, and John G. Pratt and Seth E. Belknap, of New Orleans, by which the parties associated themselves as Cotton and Commission Merchants, to carry on business in New Orleans. The partnership to commence from June 1st, 1844, and continue for five years; and it was stated that Barkman had that day delivered in as stock $10,000, and each of the others…

1Opinion of the CourtJustice Scott

Earkman filed his bill for relief by injunction against a judgment at lav/, obtained by Bertrand, as endorsee against him upon a commercial note made payable by himself, at eight months, to a mercantile firm in New Orleans, of which he was a mem-her; which note was by that firm endorsed in blank, and placed in the hands of Dickinson, their agent, for a particular purpose, who, after its maturity, passed it to Bertrand in that city as his own, who afterwards filled up the blank endorsement to himself, and obtained the judgment in question.

There can be no doubt of the general proposition of law…

2Cases cited2 opinions

  1. Brush v. ScribnerSupreme Court of Connecticut · 1836
  2. Roberts v. AdamsSupreme Court of Alabama · 1838

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