J. R. Watkins Medical Co. v. Montgomery
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. Under tbe facts and circumstances bere appellant was entitled to a directed verdict as against Warren. 44 N. Y. 640;-11 Utah 29; 130 U. S. 643. 2. However, if a case was made for a jury at all, it was error to give No. 4. Tbe contract was not that of principal and agent, but of purchase and sale, and was not to become effective until signed by Montgomery and Ms sureties, Warren and Hall.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. Under tbe facts and circumstances bere appellant was entitled to a directed verdict as against Warren. 44 N. Y. 640;-11 Utah 29; 130 U. S. 643. 2. However, if a case was made for a jury at all, it was error to give No. 4. Tbe contract was not that of principal and agent, but of purchase and sale, and was not to become effective until signed by Montgomery and Ms sureties, Warren and Hall. The relation between Montgomery and plaintiff was that of debtor and creditor and therefore conflicting, and Montgomery was acting for himself and not…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant instituted this action in the circuit court of Conway County against N. E. Montgomery to recover the sum of $1,887.23, alleged to be due on contract for the purchase price of certain articles sold and delivered to the latter by appellant, and against appellees, W. L. Warren and J. J. Hall, as sureties on the contract of Montgomery with appellant. There was a recovery below in favor of appellant against Montgomery, from which judgment there has been no appeal.
Warren defended in the trial below on the ground that he was induced to sign the contract of suretyship by fraudulent…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
3Cited by13 opinions
- J.R. Watkins Company v. KeeneyNorth Dakota Supreme Court · 1924
- Wynne, Love & Co. v. BunchSupreme Court of Arkansas · 1923
- Sager v. W .T. Rawleigh Co.Supreme Court of Virginia · 1929
- W. T. Rawleigh Co. v. HoffmanSupreme Court of Minnesota · 1925
- New York Indemnity Co. v. MayArizona Supreme Court · 1931
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