Choate v. O'Neal
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Wale ace, Judge. In October, 1890, Choate, as surviving partner of the firm of Cole & Choate, brought suit in the probate court against O’Neal as administrator of the estate of his deceased co-partner, to recover the sum of $776.80, being-one-half of the principal and interest due upon a note for $677.66, executed April 1, 1879, by Cole & Choate to C. M. Freed.
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Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Wale ace, Judge. In October, 1890, Choate, as surviving partner of the firm of Cole & Choate, brought suit in the probate court against O’Neal as administrator of the estate of his deceased co-partner, to recover the sum of $776.80, being-one-half of the principal and interest due upon a note for $677.66, executed April 1, 1879, by Cole & Choate to C. M. Freed. The evidence showed that Choate paid on the note $21.25 on August 1, 1882, and $90 on October 12, 1892; that, on November 15, 1885, he paid $500 — one half of the…
1Opinion of the CourtMansEieed, J.
On a settlement of the partnership accounts between the appellant and the appellee’s intestate, the former was entitled to charge the latter with one-half the sum actually paid out of his personal means, in satisfaction of the firm’s note to Freed. But unless on such settlement a balance was found to exist in favor of the appellant, he had no demand against Cole’s estate arising out of the business of the partnership or because of payments made to discharge any of its liabilities. He testified that the accounts between himself and Cole as partners were never settled ; and it has been…
2Cases cited4 opinions
- Culley & Son v. EdwardsSupreme Court of Arkansas · 1884
- Grider v. Apperson & Co.Supreme Court of Arkansas · 1882
- Tiner v. ChristianSupreme Court of Arkansas · 1871
- Nelson v. GreenSupreme Court of Arkansas · 1861
3Cited by4 opinions
- Short v. ThompsonSupreme Court of Arkansas · 1926
- Fowler v. FrazierSupreme Court of Arkansas · 1915
- Luke v. RhodesSupreme Court of Arkansas · 1915
- Morris v. StroudeSupreme Court of Arkansas · 1916