Tomlinson Chair Manufacturing Co. v. Jop-pa Mattress Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Guy Fulk, Judge; STATEMENT BY THE COURT. Appellant instituted this action against appellee before a justice of the peace to recover the -sum of $30, the purchase price of a shipment of furniture ordered (by the latter from the former. Appellee admitted the indebtedness but pleaded a set-off of $28.45, being an amount alleged to 'be due it as commissions by appellant on account of goods sold for appellant.
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Appeal from Pulaski Circuit Court; Guy Fulk, Judge; STATEMENT BY THE COURT. Appellant instituted this action against appellee before a justice of the peace to recover the -sum of $30, the purchase price of a shipment of furniture ordered (by the latter from the former. Appellee admitted the indebtedness but pleaded a set-off of $28.45, being an amount alleged to 'be due it as commissions by appellant on account of goods sold for appellant. Appellee stated that it had tendered appellant $1.55, the difference between the two claims. The justice of the peace found the issues in favor of appellee…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for appellant asked tlie court to instruct the jury that appellee was not entitled to recover because its claim against appellant was not assignable under our statutes and Porter the assignor had not been made a party to the action.
The case originated before a justice of the peace and no objection was made in that court that Porter had not been made a party to the action. When the case reached the circuit court no objection was made that he was not a party until the court began to instruct the jury.
Section 6093 of Hirby’s Digest provides that the…
2Cases cited4 opinions
- Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
- Less v. EnglishSupreme Court of Arkansas · 1905
- St. Louis Southwestern Railway Co. v. VanderbergSupreme Court of Arkansas · 1909
- Jordan v. MuseSupreme Court of Arkansas · 1909
3Cited by7 opinions
- Midland Valley R. Co. v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1936
- Epperson v. SharpSupreme Court of Arkansas · 1953
- Fitzhugh v. First National Bank of BatesvilleSupreme Court of Arkansas · 1928
- Morris v. VarnellSupreme Court of Arkansas · 1953
- Home Ice Co. v. Union Trust Co.Supreme Court of Arkansas · 1932
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