Davis v. Choctaw, Oklahoma & Gulf Railroad
Supreme Court of Arkansas
Appeal from Sebastian Ciicuit Court. Styles T. Rowe, Judge. The signature of McClain “as agent,” no principal- being-disclosed, binds him individually, to Ark. 428, 446; Bish. Cont. § § 1070, 1077; 1 Pars. Cont. 59 (*57). McClain was the sole legal owner of the contract. 25 Ark. 20; 1 Ark. 59; 1 Pars. Cont. *55, note x.
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Appeal from Sebastian Ciicuit Court. Styles T. Rowe, Judge. The signature of McClain “as agent,” no principal- being-disclosed, binds him individually, to Ark. 428, 446; Bish. Cont. § § 1070, 1077; 1 Pars. Cont. 59 (*57). McClain was the sole legal owner of the contract. 25 Ark. 20; 1 Ark. 59; 1 Pars. Cont. *55, note x. Property is bound from service of writ._ 39 Ark. 97, 101; 40 Ark. 531, 535. The burden was on McConnell & Co. to show that their order reached the garnishee before the service of the garnishment. 39 Ark. 97, 102. The order was no evidence of indebtedness. 14 Ark. 389, 396.…
1Opinion of the CourtBattle, J.
On the 12th day of December, 1900, Davis Brothers brought an action before a justice of the peace against J. A. McClain for the sum of $269.85, and at the same time filed allegations and .interrogatories, and sued out a writ of garnishment against the Choctaw, Oklahoma & Gulf Railroad Company. They alleged that the garnishee was indebted to the defendant in the sum of $500 and to McClain & Medlin in the sum of $1,200, and that the garnishee had in its hands or possession goods, chattels, moneys, credits and effects to the amount of $1,700. The writ of garnishment was duly served on the 12th…
2Cases cited10 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Wetherwax v. PaineMichigan Supreme Court · 1853
- McGarry v. Lewis Coal Co.Supreme Court of Missouri · 1887
- Pomeroy v. Rand, McNally & Co.Illinois Supreme Court · 1895
- Cushing v. SambolaSupreme Court of Louisiana · 1878
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3Cited by8 opinions
- Maryland Casualty Company v. Citizens National Bank of West HollywoodCourt of Appeals for the Fifth Circuit · 1966
- First National Bank v. Rhode Island InsuranceSupreme Court of Arkansas · 1931
- Choctaw, Oklahoma & Gulf Railroad v. McConnellSupreme Court of Arkansas · 1905
- Fannin County Nat. Bank v. GrossCourt of Appeals of Texas · 1917
- Smith v. DavisSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.