Legal Opinion

Kirkman v. Vanlier

Supreme Court of Alabama

Decided June 15, 1844PublishedCited by 47 opinions

Writ of error to the Court of Chancery sitting in Lauderdale County. In July, 1834, the defendant in error filed his bill in the Circuit Court of Lauderdale, against Hugh Findren, Thomas and James Kirkman, and John Stacker, alledging that the former was indebted to the complainant in the sum of three thousand, four hundred and fifty-nine dollars and ninety-six cents. That, that indebtedness occurred in consequence of advances made by Messrs.

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Writ of error to the Court of Chancery sitting in Lauderdale County. In July, 1834, the defendant in error filed his bill in the Circuit Court of Lauderdale, against Hugh Findren, Thomas and James Kirkman, and John Stacker, alledging that the former was indebted to the complainant in the sum of three thousand, four hundred and fifty-nine dollars and ninety-six cents. That, that indebtedness occurred in consequence of advances made by Messrs. E. Webb & Co. for the account and benefit of Fin-dren, and for his proportion of losses sustained in the purchase and sale of steamboats; in the running…

1Opinion of the CourtCollier, C. J.

— The points made by the Messrs. Kirk-man, who alone complain of the decree of the Chancellor^ lead us first to consider, whether the bill discloses such a case, as authorizes the relief which the complainant seeks. It is expressly charged that the matters of account between the complainant and Findren grew out of advances made by a firm of which the former was a partner, and for the proportion of losses sustained by the latter in the purchase and sale of steamboats, in the running of which they were interested as joint, owners and proprietors: Further — that the balance of the account…

2Cases cited10 opinions

  1. Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
  2. Underhill v. Van CortlandtNew York Court of Chancery · 1817
  3. Duncan v. LyonNew York Court of Chancery · 1818
  4. Child v. BraceNew York Court of Chancery · 1834
  5. Jones v. HenryCourt of Appeals of Kentucky · 1823

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3Cited by47 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
  3. Lehman v. MeyerSupreme Court of Alabama · 1880
  4. Mahone v. WilliamsSupreme Court of Alabama · 1863
  5. Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892

42 more not listed; retrieve them via the Exa API.

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