Fordyce v. Dempsey
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Chas. W. Smith, Judge. STATEMENT BY THE COURT. Dempsey & Beasley were in April, 1889, operating a sawmill at a place on the St. Douis, Arkansas & Texas Railway, known as Warren’s or Dempsey’s switch. They ordered a carload of corn through Curley, Rowley & Co., a firm of grain brokers at Texarkana, who in turn ordered it from Hunter & Co., of La Forge, Missouri.
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Appeal from Columbia Circuit Court. Chas. W. Smith, Judge. STATEMENT BY THE COURT. Dempsey & Beasley were in April, 1889, operating a sawmill at a place on the St. Douis, Arkansas & Texas Railway, known as Warren’s or Dempsey’s switch. They ordered a carload of corn through Curley, Rowley & Co., a firm of grain brokers at Texarkana, who in turn ordered it from Hunter & Co., of La Forge, Missouri. Hunter & Co. shipped the corn to Dempsey over the above-named road, which was at that time in the hands of Fordyce and Swanson, receivers. The corn was not consigned to 'Curley, Rowley & Co., but was…
1Opinion of the CourtRiddick, J.
(after stating the facts). This is an action to recover the value of corn which was shipped by Hunter & Co. from La Forge to Dempsey’s switch over a railway which was being operated by receivers. The corn was consigned to Hunter & Co., but after it reached Dempsey was turned over to Dempsey & Beasley by Curley, Rowley & Co., of Texarkana, who took possession of it without right, for the corn was not consigned to them, and they had not paid for it, and had no right to take charge of it, or to authorize anyone else to do so. As the corn had been delivered without the consent of the consignees,…
2Cited by4 opinions
- Purifoy v. StateSupreme Court of Arkansas · 1991
- Leggins v. StateSupreme Court of Arkansas · 1979
- Missouri Pacific Railroad v. BlandSupreme Court of Arkansas · 1925
- Southern Railway Co. v. Swift & Co.Supreme Court of South Carolina · 1930