Southern Engine & Boiler Works v. Vaughan
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; Where uncontradicted testimony shows that a letter has not been received, the presumption of its receipt growing out of the fact that it was stamped and mailed is overcome. 72 Ark. 305, 80 S. W. 151. The presumption of receipt of a letter only arises upon proof that it was properly addressed, stamped and mailed.
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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; Where uncontradicted testimony shows that a letter has not been received, the presumption of its receipt growing out of the fact that it was stamped and mailed is overcome. 72 Ark. 305, 80 S. W. 151. The presumption of receipt of a letter only arises upon proof that it was properly addressed, stamped and mailed. The presumption that a letter, properly stamped and addressed, is received, is not overcome by the testimony of the vice president of the company to which the letter was addressed'that he did not receive it, when the proof…
1Opinion of the CourtFrauenthal, J.
This was an action' instituted by the Southern Engine & Boiler Works, plaintiff below, to recover possession of a boiler, engine and other machinery which it sold to defendant. In its complaint it alleged that it had sold said property, in pursuance of a written contract made with the defendant, for the sum of $2,000, a part of which defendant paid, and for the balance o.f which he executed two notes for the sum of $643 each, the second of which was due December 19, 1909, and that it was stipulated, both in said contract and in said notes, that the title to said property was retained in the…
2Cases cited6 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Bluthenthal v. AtkinsonSupreme Court of Arkansas · 1910
- Click v. SampleSupreme Court of Arkansas · 1904
- Planters' Mutual Insurance v. GreenSupreme Court of Arkansas · 1904
- Burlington Insurance v. ThrelkeldSupreme Court of Arkansas · 1895
1 more not listed; retrieve them via the Exa API.
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- Davis v. BrownUnited States Court of Appeals for Veterans Claims · 1994
- Swink & Co. v. Carroll McEntee & McGinley, Inc.Supreme Court of Arkansas · 1979
- McFerren v. Goldsmith-Stern Co.Court of Appeals of Maryland · 1921
- Texas Cas. Ins. Co. v. McDonaldCourt of Appeals of Texas · 1954
- Yanago v. Aetna Life InsuranceSupreme Court of Virginia · 1935
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