Quinn v. Sewell
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. ■John S. Little, Judge. STATEMENT. This was au action to recover a balance due on the ■purchase of certain promissory notes. The defendant bought the notes from S. M. Quinn, and the terms of sale were proposed and accepted by letters. The evidence ■tended to show that S, M. Quinn acted as the agent of Ms wife in making the sale,but that this fact was unknown to the defendant.
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APPEAL from Logan Circuit Court. ■John S. Little, Judge. STATEMENT. This was au action to recover a balance due on the ■purchase of certain promissory notes. The defendant bought the notes from S. M. Quinn, and the terms of sale were proposed and accepted by letters. The evidence ■tended to show that S, M. Quinn acted as the agent of Ms wife in making the sale,but that this fact was unknown to the defendant. After the n otes were sent to the defendant he stated an account between himself and S. M. “Quinn, in which the latter was credited by the price agreed to be given tor the notes, and* was…
1Opinion of the CourtCockrill, C. J.
The judgment in this cause must be reversed. The court charged the jury that if they found from the evidence that “ the defendant, Sewell, purchased the notes from S. M. Quinn, the plaintiff’s husband, and paid the purchase money therefor, not knowing that he was acting as agent for the plaintiff,°the defendant was not liable.” This was a correct enunciation of the law, •but it is not applicable to the facts of this case.
There was evidence tending to show that S. M. Quinn was indebted to Sewell when he bought the notes, and that the latter undertook to adjust the matter by stating an account…
2Cited by6 opinions
- Parker v. CarterSupreme Court of Arkansas · 1909
- Lee Wilson & Co. v. Crittenden County Bank & Trust Co.Supreme Court of Arkansas · 1911
- Frazier v. PoindexterSupreme Court of Arkansas · 1906
- C. H. Robinson Co. v. Hudgins Produce Co.Supreme Court of Arkansas · 1919
- Grubbs v. NixonSupreme Court of Arkansas · 1909
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