Turnipseed v. Goodwin
Supreme Court of Alabama
Error to the Chancery Court at Talladega. The bill was filed by the plaintiff in error, for the settlement of a partnership in lands against Christopher A. Green, John and Thomas Goodwin, and the heirs- and representatives of Samuel P. Clawson, deceased. The allegations of the bill are, that the object of the partnership was to buy, and sell Indian reservations, and divide the profits.
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Error to the Chancery Court at Talladega. The bill was filed by the plaintiff in error, for the settlement of a partnership in lands against Christopher A. Green, John and Thomas Goodwin, and the heirs- and representatives of Samuel P. Clawson, deceased. The allegations of the bill are, that the object of the partnership was to buy, and sell Indian reservations, and divide the profits. That complainant, Green, and Clawson, were to furnish the mo • ney, and J. and T. Goodwin were to make the contracts with the Indians, and bring them before the certifying agent. That the lands were to be sold,…
1Opinion of the CourtOrmond, J.
What is the interest of the respective partners in the partnership funds, in the absence of any contract ascertaining the shares of each ? This is a question, about which, in England, there appears to be some diversity of opinion. In Peacock v. Peacock, 2 Camp. 45, which was the case of a father taking his son into partnership, without any stipulation as to his share of the profits, Lord Ellenborough held, that there was no presumption in law, in such a case, that the son was to be entitled to a moiety of the profits, but that it was for the jury to determine what was fair and just between…
2Cases cited1 opinion
- Gould v. GouldCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by6 opinions
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Donelson's Adm'rs v. PoseySupreme Court of Alabama · 1848
- Avery's Executors v. AverySupreme Court of Alabama · 1873
- Evans v. WarnerAppellate Division of the Supreme Court of the State of New York · 1897
- Waters v. CochranSupreme Court of Alabama · 1973
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