Humphries v. McCraw
Supreme Court of Arkansas
This was an action of assumpsit, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Cleniienin, one of the circuit judges. McCraw; sued Humphries. The first count alleged that McCraw employed Humphries to make bacon of sundry hogs, for the bones and lard; and that, by the negligence of Hum-phries, the bacon was entirely spoiled.
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This was an action of assumpsit, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Cleniienin, one of the circuit judges. McCraw; sued Humphries. The first count alleged that McCraw employed Humphries to make bacon of sundry hogs, for the bones and lard; and that, by the negligence of Hum-phries, the bacon was entirely spoiled. The second count was for eighty-five fat hogs, of the value of fourteen hundred dollars, to be cured and made into bacon, for certain reward, to be therefor paid; and that the bacon should be delivered in a reasonable time; and breach. The…
1Opinion of the Court
By the Court,
Paschal, J.
The first assignment of errors relates to the admissibility of the receipt signed by Humphries, and read at the trial. Two objections are taken to this paper: 1st, that it should have been made the foundation of the action; 2d, that it had on it lines stricken across some of the numerals, which the plaintiff in error contends are erasures, and that they were not accounted for.
In order to determine both these questions correctly, it becomes necessary to consider, to some extent, the office and nature of a receipt. As a general principle, it may be stated that a receipt…
2Cases cited3 opinions
- Olmstead v. HillSupreme Court of Arkansas · 1840
- Heckert v. HaineSupreme Court of Pennsylvania · 1813
- Townsend v. AtwaterSupreme Court of Connecticut · 1812
3Cited by6 opinions
- Chavers v. Epsco, Inc.Supreme Court of Arkansas · 2003
- Harshaw v. StateSupreme Court of Arkansas · 1910
- Chicago Art Co. v. ThackerWest Virginia Supreme Court · 1909
- Coolbeth v. GoveSupreme Court of Vermont · 1937
- Boone v. General Shoe Corp.Supreme Court of Arkansas · 1951
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