Johnson v. Rothschilds
Supreme Court of Arkansas
Appeal from Hot Springs Chancery Court. Charles P. Roberts, Special Chancellor. STATEMENT BY THE COURT. .On the 2d day of January, 1893, the firm of B. & H. Berger, merchants at Malvern, Arkansas, made an assignment for the benefit of their creditors, preferring in said assignment, amongst others, several of their . relatives, to the amount of $27,115. Among the claims preferred was one in favor of their father, Leopold Berger, for $12,781.31. This amount consisted of…
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Appeal from Hot Springs Chancery Court. Charles P. Roberts, Special Chancellor. STATEMENT BY THE COURT. .On the 2d day of January, 1893, the firm of B. & H. Berger, merchants at Malvern, Arkansas, made an assignment for the benefit of their creditors, preferring in said assignment, amongst others, several of their . relatives, to the amount of $27,115. Among the claims preferred was one in favor of their father, Leopold Berger, for $12,781.31. This amount consisted of $7,600, which Leopold Berger loaned to Ben Berger, which -the firm is said to have assumed, and the sum of $5,181.31, being…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Up to the year 1860, the rule in England and America was that participation in the profits of a business was a conclusive test of a partnership. But this rule was overthrown by the case of Cox v. Hickman in the House of Eords in England (8 H. L. C. 260), and the final test was declared to be “whether the business has been carried on in behalf of the person sought to be charged as a partner, i. e., did he stand in the relation of the principal toward the ostensible traders by whom the liabilities have been' incurred, and under whose management the profits…
2Cited by13 opinions
- Rector v. RobinsSupreme Court of Arkansas · 1905
- Herman Kahn Co. v. BowdenSupreme Court of Arkansas · 1906
- Buford v. LewisSupreme Court of Arkansas · 1908
- Roach v. RectorSupreme Court of Arkansas · 1909
- Stephens v. NeelySupreme Court of Arkansas · 1923
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