Billingslea v. Ware
Supreme Court of Alabama
[BILL IN EQUITY TO OPEN SETTLEMENT OP PARTNERSHIP ACCOUNTS.] Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by C. C. Billingslea, against Robert J. Ware and Thomas M. Cowles, and sought to open a settlement of partnership accounts between the parties, and to cancel a mortgage given by complainant to secure the payment of his notes for the balance found against him on that settlement.
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[BILL IN EQUITY TO OPEN SETTLEMENT OP PARTNERSHIP ACCOUNTS.] Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by C. C. Billingslea, against Robert J. Ware and Thomas M. Cowles, and sought to open a settlement of partnership accounts between the parties, and to cancel a mortgage given by complainant to secure the payment of his notes for the balance found against him on that settlement. The partnership between the parties was formed in 1834, for the purpose of buying and selling Indian lands on speculation. The settlement was had in July,…
1Opinion of the CourtStone, J.
Conceding that, in July, 1848, the time when the parties had a settlement, Dr. Bülingslea was in impaired health, and depressed in spirits; yet the evidence utterly fails to establish any mental unsoundness which can relieve him from responsibility for his acts, or place him in a more favorable attitude for opening those transactions, than if no attempt had been made to prove mental infirmity. The main testimony offered in his favor on this point of contest, is that of Dr. Bradley, Dr. Graham, and Mr. Mitchell. It is opposed' by the stubborn facts which occurred during the settlement, as…
2Cases cited11 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Steele v. WhiteNew York Court of Chancery · 1831
- Stewart v. BradfordSupreme Court of Alabama · 1855
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3Cited by5 opinions
- Hinds v. WilesAlabama Court of Appeals · 1915
- Robinson v. Cullom & Co.Supreme Court of Alabama · 1868
- Motley v. MotleySupreme Court of Alabama · 1871
- Troy v. BlandSupreme Court of Alabama · 1877
- McKewan v. Woodstock Iron Co.Supreme Court of Alabama · 1887