Boyd v. Arnold
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; The transfer of the note to appellant was in due course of business without any knowledge on his part of any defect therein or insolvency of the firm of Bowen & Boyd.
Read the full summary
Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; The transfer of the note to appellant was in due course of business without any knowledge on his part of any defect therein or insolvency of the firm of Bowen & Boyd. He is an innocent purchaser for value. 65 Ark. 204. If it be contended that the transfer of the note by G. W. Boyd to appellant was a fraud, there is no circumstance of fraud shown aside from the bare fact that Boyd transferred to his father, and the burden of proof of fraud is on appellees. As to fraud in matters of bankruptcy, see 152 Fed. 943; 176 Fed. 585. A…
1Opinion of the CourtMcCulloch, C. J.
J. R. Bowen and George W. Boyd, as copartners, engaged in the mercantile business at Corning, Arkansas, and sustained a loss of the greater portion of their stock of goods by fire. Boyd had purchased an interest in the business a few months before the fire occurred, and paid for his said interest the sum of a thousand dollars, which he had borrowed from his father, James Boyd. After the fire occurred, they sold the remnant of the stock of goods to one Hawks for the sum of $1,480.80, taking in payment the two negotiable promissory notes of the latter for equal sums, one note being payable to…
2Cases cited10 opinions
- Jones, McDowell & Co. v. Ark. Mech. & Agl. Co.Supreme Court of Arkansas · 1881
- Plummer v. School District Number 1Supreme Court of Arkansas · 1909
- Jones, McDowell & Co. v. FletcherSupreme Court of Arkansas · 1883
- Stix v. ChaytorSupreme Court of Arkansas · 1891
- Conoway v. NewmanSupreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Clark v. Bank of BentonvilleSupreme Court of Arkansas · 1992
- Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914
- Goodrich v. Bagnell Timber Co.Supreme Court of Arkansas · 1912
- Smith v. SpinnenweberSupreme Court of Arkansas · 1914
2 more not listed; retrieve them via the Exa API.