Kyle v. Barnett
Supreme Court of Alabama
Error to the Chancery Court of Russell. Tried before the Hon. W. W. Mason. 1. The defendant is chargeable with interest on the. remaining portion of the capital stock created by the trust fund, and also with simple if not compound interest on the dividends which he has received, from the date of their reception. — Clark-son v. Depeyster, 1 Hop. Ch. 424; Garness et al. v. Gardner’s Adm’r, 1 Edw. Ch. 123; Myers v. Myers, 2 McCord’s Ch. 266; Peyton v. Smith, 2 Dev. & Batt.
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Error to the Chancery Court of Russell. Tried before the Hon. W. W. Mason. 1. The defendant is chargeable with interest on the. remaining portion of the capital stock created by the trust fund, and also with simple if not compound interest on the dividends which he has received, from the date of their reception. — Clark-son v. Depeyster, 1 Hop. Ch. 424; Garness et al. v. Gardner’s Adm’r, 1 Edw. Ch. 123; Myers v. Myers, 2 McCord’s Ch. 266; Peyton v. Smith, 2 Dev. & Batt. Eq. 339; Depeyster v. Clarke, 2 Wend. 77; Diffenderfer v. Winder, 3 Gill & Johns. 311; Whittedge v. Calles, 2 J. J. Mar.…
1Opinion of the CourtChilton, J.
The plaintiff in error, who was also the complainant below, filed his bill in the Chancery Court of Bus-sell county against the defendant, Barnett, who was his guardian, for an account of certain funds of the complainant alleged to have come into the hands of the defendant, and for the profits, which he charges accrued upon the investment of a large proportion of said funds in the mercantile concern of Kyle & Barnett, of which said firm said guardian was a member.
It clearly appears from the record that át several times, between the months of October 1838, and March 1841, there was invested in…
2Cases cited1 opinion
- Bryant v. CraigSupreme Court of Alabama · 1847
3Cited by6 opinions
- Cruce v. CruceSupreme Court of Missouri · 1884
- Malone v. KelleySupreme Court of Alabama · 1875
- Owen v. PeeblesSupreme Court of Alabama · 1868
- Armstrong's v. PriestSupreme Court of Missouri · 1895
- Vaughan v. BibbSupreme Court of Alabama · 1871
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