Mehaffy v. Wilson
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; O. B. Haynie, Judge; STATEMENT OE PACTS. This' action was instituted by the appellant, as natural guardian and next friend of Pearl Mehaffy, against Matthew Wilson and Ralph Russell.
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Appeal from Hempstead Circuit Court; O. B. Haynie, Judge; STATEMENT OE PACTS. This' action was instituted by the appellant, as natural guardian and next friend of Pearl Mehaffy, against Matthew Wilson and Ralph Russell. The appellant alleged that the defendants were partners in a sawmill at Kilgore, Hempstead County, Arkansas; that Pearl Mehaffy was a minor thirteen years of age and employed by the defendants to work on the yard át said mill; that Pearl Mehaffy was inexperienced with machinery and mill work, and that the foreman of the mill knew this fact; that the foreman negligently…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The testimony was sufficient to prove a cause of action in favor of the appellant against Russell and the only question for our consideration is whether or not a partnership relation was created by the contract between Russell and the appellee. For if Russell and Wilson were partners then Wilson would be liable for the torts of,Russell committed by the latter as a partner in the course of the partnership business, whether Wilson had knowledge of such torts or not. McIlroy v. Adams, 32 Ark. 315; McClure v. Hill, 36 Ark. 268.
But if the contract under review…
2Cases cited13 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Flower v. BarnekoffOregon Supreme Court · 1890
- Fougner v. First National Bank of ChicagoIllinois Supreme Court · 1892
- Rector v. RobinsSupreme Court of Arkansas · 1905
- City of Norfolk v. FlynnSupreme Court of Virginia · 1903
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3Cited by10 opinions
- Fink v. BrownTexas Commission of Appeals · 1919
- Betts v. HackathornSupreme Court of Arkansas · 1923
- Stone v. RiggsSupreme Court of Arkansas · 1924
- Bice v. GreenCourt of Appeals of Arkansas · 1998
- Hayes-Thomas Grain Co. v. A. F. Wilcox Contracting Co.Supreme Court of Arkansas · 1920
5 more not listed; retrieve them via the Exa API.