Oliver v. Gray

Decided July 15, 1842

Supreme Court of Arkansas · decided 1842-07-15

This was an appeal from a justice of the peace, determined in the Hempstead Circuit Court, in October, 1841, before the Hon. William Conway B., one of the Circuit Judges. Oliver sued Gray before a justice, on a note. Gray, as the justice’s docket states, appeared and made defence, and filed his account, which was rejected; and Oliver had judgment for the amount of the note and interest, with costs.

Good law ✅— No negative treatment on recordhow we know

Decided 1842-07-15

How this case has been cited

Cited by 4 later decisions — most recently January 1935

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Dickerson, J.

¶2The plaintiff in error insists, that there was no debt due by Oliver to Gray, but to them jointly, as partners. “We apprehend there is nothing in the contract constituting them partners. There is certainly no community of profit and loss arising out of their agreement. It amounts, in our opinion, to a mere joint interest in the horse alone, and an agreement on the part of Oliver to pay Gray one-half of the actual expenses incurred in keeping him. , They styled themselves partners in the contract, yet the nature and terms of the agreement clearly show they are merely part owners. Nicholl vs. Mumford, 4 J. C. R. 529. Ex parte Parry, 5 Ves. 575. 3 Kent's Com. 16, 17. The debt accrued to Gray, in his individual character; and, as it was mutual, and subsisting with Oliver’s demand against him, it was a proper subject pf set-olf.

¶3Judgment affirmed.