Wood v. Adler-Goldman Commission Co.
Supreme Court of Arkansas
Appeal from Nogan Circuit Court. Archibald S. McKennon, Special Judge. 1. This case falls squarely within the rule of Richmond v. Miss. Mills, 52 Ark. 30, and Fecheimer v. Robertson, 53 id. 101, and later cases following them. See, •also, 49 Ned. Rep. 401. Parol testimony is admissible to assail the instruments, but not to bolster them up.
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Appeal from Nogan Circuit Court. Archibald S. McKennon, Special Judge. 1. This case falls squarely within the rule of Richmond v. Miss. Mills, 52 Ark. 30, and Fecheimer v. Robertson, 53 id. 101, and later cases following them. See, •also, 49 Ned. Rep. 401. Parol testimony is admissible to assail the instruments, but not to bolster them up. It can be shown that the parties intended them to oper.ate otherwise than as expressed on their face, but the parties holding under them cannot give their legal construction of what the instruments are. 49 Ned. 401; 56 Ark. 320 ; 19 S. W. 963 ; 46 Ark. 127.…
1Opinion of the CourtRiddick, J.
The questions to be determined in this case arose in an action of replevin brought by the appellee, the Adler-Goldman Commission Company, a corporation organized under the laws of Missouri, against O. C. Wood, the sheriff of Bogan county, to recover a stock of merchandise, store fixtures, etc., which said sheriff had seized as the property of Oppenheimer & Co., under writs of attachment against them. The appellee claimed to have purchased said property and certain lands from Oppenheimer & Co. for the consideration of eight thous- and and five hundred dollars, which sum it placed as a credit…
2Cases cited3 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Richmond v. Mississippi MillsSupreme Court of Arkansas · 1889
3Cited by4 opinions
- United States v. GotwalsCourt of Appeals for the Tenth Circuit · 1946
- Fugett v. StateSupreme Court of Arkansas · 1945
- Henry v. CroomSupreme Court of Arkansas · 1897
- United States v. GotwalsCourt of Appeals for the Tenth Circuit · 1946