W. W. Johnson Co. v. Triplett
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge. It was error for the court to instruct the jury that it should not take into consideration the false representations made by Wertheimer as to her solvency, unless they should find that she purchased the goods with- the preconceived intention of not paying for them. 64 Ark. 12. This vice in the first, second, third, sixth, seventh and eighth instructions is not cured by giving other and correct instructions on the…
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. It was error for the court to instruct the jury that it should not take into consideration the false representations made by Wertheimer as to her solvency, unless they should find that she purchased the goods with- the preconceived intention of not paying for them. 64 Ark. 12. This vice in the first, second, third, sixth, seventh and eighth instructions is not cured by giving other and correct instructions on the point. 44 S. W. 715. Before plaintiff could maintain any suit it was necessary to place Wertheimer in statu quo by…
1Opinion of the CourtWood, J.
This suit was brought on the 14th day of April, 1896, by appellant, W. W. Johnson Company, to replevy ten barrels of liquor from appellee, C. H. Triplett, sheriff of Jefferson county. The liquor was sold for $580.63 on a credit of two and four months by appellant on February 29, 1896, to E. Wertheimer, who was at that time engaged in the wholesale liquor business at Pine Bluff, Arkansas. On December 4, 1895, Ed. Wertheimer, son of and representing E. Wertheimer in her business, made a commercial statement of the financial condition of her business, as it existed November 1, 1895, unto Damon…
2Cases cited1 opinion
- Taylor v. Mississippi MillsSupreme Court of Arkansas · 1886
3Cited by2 opinions
- In re EpsteinDistrict Court, W.D. Arkansas · 1901
- Barber v. Whitaker Manufacturing Co.Supreme Court of Arkansas · 1929