Johnson v. St. Louis Butchers' Supply Co.
Supreme Court of Arkansas
Appeal from Washington Circuit Court. Bdward S. McDaniel, Judge. STATEMENT BY THE COURT. This was a suit in replevin to recover from the defendant (appellant) a certain fancy refrigerator, which plaintiff (appellee) had sold to the defendant, and upon which defendant had executed a mortgage back to plaintiff to secure it for the purchase money. Plaintiff claimed to be entitled to the possession of the refrigerator under the mortgage.
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Appeal from Washington Circuit Court. Bdward S. McDaniel, Judge. STATEMENT BY THE COURT. This was a suit in replevin to recover from the defendant (appellant) a certain fancy refrigerator, which plaintiff (appellee) had sold to the defendant, and upon which defendant had executed a mortgage back to plaintiff to secure it for the purchase money. Plaintiff claimed to be entitled to the possession of the refrigerator under the mortgage. The defendant answered, admitting the contract of sale evidenced by the notes for the purchase money and the mortgage to secure them, but denied plaintiff’s…
1Opinion of the Court
Wood J.
(after stating the facts.) The only question here is the ruling of the court upon the demurrer. According to Ames Iron Works v. Rea, 56 Ark. 450, the •matters of defense set up in the second paragraph of the answer were proper in this proceeding. Since no one could be held for false representations who honestly believed them true when made, the answer would have been in better form for a counter-claim growing out of the alleged false representations had it alleged that the plaintiff made them knowing they were false and intending to defraud, or that, not knowing the facts, he asserted…
2Cases cited2 opinions
- Hanger v. Evins & ShinnSupreme Court of Arkansas · 1881
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
3Cited by8 opinions
- Arden Lumber Co. v. Henderson Iron Works & Supply Co.Supreme Court of Arkansas · 1907
- Louisiana Molasses Co. v. Fort Smith Wholesale Grocery Co.Supreme Court of Arkansas · 1905
- Mason v. ThorntonSupreme Court of Arkansas · 1905
- American Soda Fountain Co. v. FutrallSupreme Court of Arkansas · 1905
- Brownfield v. Dudley E. Jones Co.Supreme Court of Arkansas · 1911
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