Legal Opinion

Charlesworth v. Whitlow

Supreme Court of Arkansas

Decided February 18, 1905PublishedCited by 5 opinions

Appeal from Madison Circuit Court in Chancery. Whitlow, Lake & Company, a partnership composed of W. H. Whitlow, George T. Lake and W. L. Stuckey, brought suit against Charlesworth & Yount, alleging that prior to December, 1898, plaintiffs operated a sawmill near Pettigrew; that they arranged with Charlesworth & Yount to supply said mill with such goods, merchandise and cash as were needed, to pay the hands for operating same; that said account was run by their agent, Robert…

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Appeal from Madison Circuit Court in Chancery. Whitlow, Lake & Company, a partnership composed of W. H. Whitlow, George T. Lake and W. L. Stuckey, brought suit against Charlesworth & Yount, alleging that prior to December, 1898, plaintiffs operated a sawmill near Pettigrew; that they arranged with Charlesworth & Yount to supply said mill with such goods, merchandise and cash as were needed, to pay the hands for operating same; that said account was run by their agent, Robert Fletcher, who was only authorized to buy such things and get such cash as was needed to supply said business; that…

1Opinion of the CourtWood, J.

i. The complaint stated facts sufficient to give the chancery court jurisdiction. The purpose of the complaint was to require • appellants to discover and account for lumber, or the proceeds thereof, which appellees alleged appellants had received under a certain contract of agency, the terms of which are set •forth in the complaint, and it was alleged that the transactions between appellants and appellees were multifarious and complicated, and could not be reached at law. It was alleged that, “by mistake, oversight or fraudulent connivance” of Robert Fletcher and the defendants, Charlesworth…

2Cases cited2 opinions

  1. Trapnall v. HillSupreme Court of Arkansas · 1876
  2. Gulledge v. HowardSupreme Court of Arkansas · 1861

3Cited by5 opinions

  1. Arkansas Fertilizer Co. v. BanksSupreme Court of Arkansas · 1910
  2. Bell Lumber Co. v. AlewineSupreme Court of Arkansas · 1924
  3. Drewry v. SykesSupreme Court of Arkansas · 1956
  4. Meriwether v. DuboseSupreme Court of Arkansas · 1933
  5. Murray v. Paramount Petroleum Products Co., Inc.Supreme Court of Connecticut · 1924

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