American Building & Loan Ass'n v. Warren
Supreme Court of Arkansas
Appeal from Lafayette Chancery Court; James M. Barker, Chancellor; 1. The proof shows that Smith was the agent of the Building & Loan Association only for the purpose of collecting dues of existing mortgagees. He was never held out as being the agent for any other purpose, and Warren should have inquired into Smith’s authority. 114 Am.
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Appeal from Lafayette Chancery Court; James M. Barker, Chancellor; 1. The proof shows that Smith was the agent of the Building & Loan Association only for the purpose of collecting dues of existing mortgagees. He was never held out as being the agent for any other purpose, and Warren should have inquired into Smith’s authority. 114 Am. St. Rep. 801; 88 N. Y. 925, 37 S. E. 555. Smith’s taking title in himself to transfer to the association later was entirely outside the scope of his duty to the association, and the effect of his doing so was to constitute him the agent of Warren to negotiate…
1Opinion of the CourtFraijenthal, J.
This was an action instituted by the American Building & Loan Association of Little Rock, the plaintiff below, to foreclose a mortgage on three lots in Lewis-ville, Arkansas. The suit was brought against J. O. Smith, the mortgagor, and also against J. H. Warren, the occupant of the property. The defendant Smith made no defense, but the defendant Warren resisted the suit upon the ground that he was the equitable owner of- the lots under a .written contract of purchase from Smith, executed prior to the mortgage.
It appears from the testimony that J. H. Warren purchased the lots on June 13,1904,…
2Cases cited12 opinions
- Strauss v. WhiteSupreme Court of Arkansas · 1899
- Turman v. BellSupreme Court of Arkansas · 1891
- Graham v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- R. G. Atkinson & Co. v. W. A. & C. A. WardSupreme Court of Arkansas · 1886
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Walls v. HumphriesSupreme Court of Arkansas · 2013
- Scott v. CarnesSupreme Court of Arkansas · 1931
- First National Bank of Paris v. GraySupreme Court of Arkansas · 1925
- Moore v. OatesSupreme Court of Arkansas · 1920
- Tegarden v. HurstSupreme Court of Arkansas · 1916
13 more not listed; retrieve them via the Exa API.