Legal Opinion

Dixie Cotton Oil Co. v. Morris

Supreme Court of Arkansas

Decided May 14, 1906PublishedCited by 4 opinions

Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; statement by the court. The plaintiff, Dixie Cotton Oil Company, was a Tennessee corporation engaged in the cotton seed oil business, as its name implies, and operated a mill near Little Rock, of which defendant Conley was manager during the period covering the transaction out of which this litigation grew.

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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; statement by the court. The plaintiff, Dixie Cotton Oil Company, was a Tennessee corporation engaged in the cotton seed oil business, as its name implies, and operated a mill near Little Rock, of which defendant Conley was manager during the period covering the transaction out of which this litigation grew. This action was commenced at law against the defendants, W. N. Morris, G. W. Morris, J. M. Nix and L. H. Conley, as partners, to recover the sum of $4,344.45 alleged to be due on account. The complaint alleged that W. N.…

1Opinion of the Court

McCulloch, J.,

(after stating the facts.) The first and main question presented is whether or not the plaintiff corporation could, as a matter of law, become a copartner with the defendants in the gin business, or did, as a matter of fact, enter into a partnership contract with them.

The evidence on this point is derived almost entirely from the testimony of defendant Conley as to his alleged agreement and transaction with E. S. Proudfit, the president of plaintiff corporation, and certain correspondence between them, which was read in evidence. Proudfit died before the commencement of'this…

2Cited by4 opinions

  1. Massachusetts Bonding & Insurance v. State Ex Rel. SummersIndiana Court of Appeals · 1925
  2. Morning Star Mining Co. v. BennettSupreme Court of Arkansas · 1924
  3. Garner v. HallumSupreme Court of Arkansas · 1925
  4. Buckner v. Prairie County BankSupreme Court of Arkansas · 1962

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