Mills v. Hurley Hardware & Furniture Co.
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. It Avas error to take the case from the jury. Where there is any substantial evidence to warrant a verdict, it is the duty of the court to submit the issue to the jury. 98 Ark. 334; lb. 370; 105 Id. 136; 111 Id. 309; 71 Id. 445. 2. Gowens had no authority to cash the checks. 199 111. 151; 93 Am. St. Rep. 113; 18 L. R. A. 662; 117 Am.
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Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. It Avas error to take the case from the jury. Where there is any substantial evidence to warrant a verdict, it is the duty of the court to submit the issue to the jury. 98 Ark. 334; lb. 370; 105 Id. 136; 111 Id. 309; 71 Id. 445. 2. Gowens had no authority to cash the checks. 199 111. 151; 93 Am. St. Rep. 113; 18 L. R. A. 662; 117 Am. St. Rep. 333; 88 U. S. 21. Mere usage or custom contravening the established commercial law can not be proven. 88 U. S. 21. 3. There was no estoppel, for appellant had no knowledge that Gowens had ever…
1Opinion of the Court
Wood, J.,
(after stating the facts). The judgment was correct. The transaction as disclosed by the evidence, so far as the appellee was concerned, constituted a payment. Appellee ordered the car load of lime for which appellant sues, from the White Lime Company at Batesville, Arkansas, and sent its check to that company. Appellant’s agent and manager at Batesville was authorized to receive orders, to fill the same and to receive checks therefor, although he was not authorized to cash these checks. But appellee could not be held responsible for the dereliction of the agent of appellant whom…
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- Strickland Transportation Co. v. First State BankTexas Supreme Court · 1948
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