Arkadelphia Lumber Co. v. Posey
Supreme Court of Arkansas
Appeal from Clark Circuit Court. statement by the court. S. H. Posey sued- the Arkadelphia Lumber Company on a contract entered into by it, and alleged in his complaint that plaintiff agreed to labor for the defendant, and it was stipulated that the Arkadelphia Lumber Company would pay him therefor at the rate of $1.65 per day, and deduct from his wages and hold and retain for insurance 75 cents for each and every month he might be so employed, and for such sum so deducted…
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Appeal from Clark Circuit Court. statement by the court. S. H. Posey sued- the Arkadelphia Lumber Company on a contract entered into by it, and alleged in his complaint that plaintiff agreed to labor for the defendant, and it was stipulated that the Arkadelphia Lumber Company would pay him therefor at the rate of $1.65 per day, and deduct from his wages and hold and retain for insurance 75 cents for each and every month he might be so employed, and for such sum so deducted agreed to insure him against accidents that might happen to him, while in its employ, resulting in injury to his person…
1Opinion of the Court
Battue, J.,
(after stating the facts.) The Arkadelphia Lumber Company was a corporation, and had no authority to insure; but if it insured as alleged, received the consideration therefor, and appellee performed his part of the contract, as the jury evidently found, it is estopped from pleading that such a contract was “ultra vires”. Minneapolis Fire & Marine Mutual Insurance Co. v. Norman, ante, p. 190, and cases cited.
The first instruction given at the request of the appellee is exceedingly defective. According to it, unexplained by other instructions and circumstances, the jury was required…
2Cited by15 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Gross v. StateSupreme Court of Arkansas · 1967
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
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