Culley & Son v. Edwards
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitohel, Circuit Judge. 1. The probate court is a court of record, a superior court, and the presumption is in favor of the regularity and vadility of its proceedings. (11 Ark., 589; 19 lb., 185; 18 lb., 898.) Even if the agreement constitutes a partnership it will be presumed that a settlement had been made and a balance struck, and appellants could sue.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitohel, Circuit Judge. 1. The probate court is a court of record, a superior court, and the presumption is in favor of the regularity and vadility of its proceedings. (11 Ark., 589; 19 lb., 185; 18 lb., 898.) Even if the agreement constitutes a partnership it will be presumed that a settlement had been made and a balance struck, and appellants could sue. Parsons on Part., 878. 2. As appellants were to be repaid the sum at all events, and all losses were to fall on appellee’s intestate, the mere fact that appellants were to share in the profits did…
1Opinion of the CourtSmith, J.
In the year 1866 the appellants lent to the intestate of the appellee a sum of money. Eour years later, said intestate executed the following instrument: ■“ $9,491.77.
“ Received, Rondo, Lafayette County, Arkansas, April 15, 1870, of L. T. Culley & Son nine thousand four hundred and ninety-one dollars and seventy-seven cents, that being the amount which I did invest in merchandise ■during the year 1866, which moneys I promise and bind myself to keep invested and employed in merchandise or some other legitimate business which may be agreed upon by the parties interested, continuously until the…
2Cases cited3 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Richardson v. . HughittNew York Court of Appeals · 1879
- Smith v. KnightIllinois Supreme Court · 1873
3Cited by22 opinions
- State Ex Rel. Attorney General v. Gus Blass Co.Supreme Court of Arkansas · 1937
- Rector v. RobinsSupreme Court of Arkansas · 1905
- United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
- Willis v. CrawfordOregon Supreme Court · 1901
- Buford v. LewisSupreme Court of Arkansas · 1908
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