Legal Opinion

Reynolds v. Johnson

Supreme Court of Arkansas

Decided April 25, 1891PublishedCited by 5 opinions

APPEAL from Washington Circuit Court. 0. W. Watkins, Special Judge. 1. The damages awarded are excessive, for more than were proved. 2. A firm cannot appropriate firm assets to the payment of individual debts, to the injury of firm creditors. Bump, Fr. Conv., p. 389, and notes 2 and 3, and pp. 229-230; 24 Ark., 16., 222; 31 id., 666; ib., 314; Bigelow, Fraud, 476-478. 3. The mortgage was vicious on its face.

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APPEAL from Washington Circuit Court. 0. W. Watkins, Special Judge. 1. The damages awarded are excessive, for more than were proved. 2. A firm cannot appropriate firm assets to the payment of individual debts, to the injury of firm creditors. Bump, Fr. Conv., p. 389, and notes 2 and 3, and pp. 229-230; 24 Ark., 16., 222; 31 id., 666; ib., 314; Bigelow, Fraud, 476-478. 3. The mortgage was vicious on its face. It puts the property out of the reach of creditors for an indefinite time. Bigelow, Fraud, Vol. 2, 296; 21 N. Y., 168-9; 13 id., 21$-20; 2 Bigelow, Fraud, 299, note 3, 306-8, note 1; 8…

1Opinion of the CourtHughes, J.

This is an appeal from a judgment in favor of appellee in a suit upon a bond of indemnity executed by appellants to a constable, who, at the instance of appellants, levied an execution on a stock of goods as the property of the firm of Johnson Bros., which was composed of T. B. and J. F. Johnson. The goods were, at the time of the levy, in the possession of the appellee, and were claimed and held by him under a mortgage executed by said firm to him. They were sold to satisfy the execution in favor of appellants, and the appellee recovered a judgment for $200 damages.

1. Mistake to amount debt.…

2Cases cited5 opinions

  1. Case v. BeauregardSupreme Court of the United States · 1879
  2. Williams v. Lord & RobinsonSupreme Court of Virginia · 1881
  3. Marks v. HillSupreme Court of Virginia · 1859
  4. Carver Gin & Machine Co. v. Bannon & Co.Tennessee Supreme Court · 1887
  5. Jaffray v. CraneWisconsin Supreme Court · 1880

3Cited by5 opinions

  1. Noyes v. RossMontana Supreme Court · 1899
  2. Conoway v. NewmanSupreme Court of Arkansas · 1909
  3. Boyd v. ArnoldSupreme Court of Arkansas · 1912
  4. Bartlett v. Meyer-Schmidt Grocer Co.Supreme Court of Arkansas · 1898
  5. Baxter v. HowellCourt of Appeals of Texas · 1894

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