Garabaldi v. Wright
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. Garabaldi and Wright were partners in a stock farm, and becoming dissatisfied undertook on the 24th day of December, 1886, to settle the affairs of the partnership. Wright contends that such settlement was consummated. This is denied by Garabaldi, who, on the 3d day of P'ebruary, 1887, filed his bill in chancery against Wright for a dissolution of the partnership and a settlement between the parties.
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APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. Garabaldi and Wright were partners in a stock farm, and becoming dissatisfied undertook on the 24th day of December, 1886, to settle the affairs of the partnership. Wright contends that such settlement was consummated. This is denied by Garabaldi, who, on the 3d day of P'ebruary, 1887, filed his bill in chancery against Wright for a dissolution of the partnership and a settlement between the parties. A receiver was appointed who sold the personal property of the .partnership under an order of the court. On the 21st day of September,…
1Opinion of the CourtHemingway, J.
Conflict of jurisdiction. Although property, of which conversion is alleged, is in the custody of a Chancery Court, an action for its conversion may be brought in a law court, since it does not affect the possession of the property, or interfere with its custody.
Actions between same parties. If the chattels belonged to the appellee, and were converted by the appellant, this was a wrong for which a right of action arose to the appellee individually; and although there was a pending suit in chancery between the parties for an account and settlement of partnership affairs, the appellee could…
2Cases cited1 opinion
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
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- Wllson v. SandersSupreme Court of Arkansas · 1950
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