Allen v. Caldwell, Ward & Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Caldwell, Ward & Co. against Charles A. Allen and others. Defendants appeal, and plaintiffs file cross-appeal. This was a bill alleging an indebtedness of ¡§2,300, contracted in January, 1904, by Allen & Leak, a then partnership composed of Charles Allen and W. W. Leak, and sought to have set aside certain conveyances as fraudulent and void.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Caldwell, Ward & Co. against Charles A. Allen and others. Defendants appeal, and plaintiffs file cross-appeal. This was a bill alleging an indebtedness of ¡§2,300, contracted in January, 1904, by Allen & Leak, a then partnership composed of Charles Allen and W. W. Leak, and sought to have set aside certain conveyances as fraudulent and void. The case made by the bill is that Allen & Leak became indebted to complainants in January, 1904, and to close same up executed a note payable to complainants in 60 days, and that…
1Opinion of the Court
ANDERSON, J. —
From the evidence introduced there can be little or no doubt that Caldwell, Ward & Co. Avere brokers and agents for a commission in negotiating and executing contracts for the sale .of cotton for the firm of Allen & Leak through the New Orleans Cotton Exchange, or' that the note was given for the commissions due them and advances made by them to cover losses sustained by the said Allen & Leak by virtue of the transaction. Under the common law, even if such contracts are wagers, if in them the' broker has no interest, does not share whatever in the profit and loss, the principal…
2Cases cited27 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Hawley v. BibbSupreme Court of Alabama · 1881
22 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Mathews v. J. F. Carroll Merc. Co.Supreme Court of Alabama · 1915
- Allen v. OvertonSupreme Court of Alabama · 1922
- Birmingham Trust & Savings Co. v. CurreySupreme Court of Alabama · 1911
12 more not listed; retrieve them via the Exa API.