Hughes v. Kelley
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The appellees brought this suit and alleged that they are partners doing business under the firm name of Kelley Brothers.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The appellees brought this suit and alleged that they are partners doing business under the firm name of Kelley Brothers. That in the year 1908, and prior thereto, plaintiffs deposited money in the Saline County Bank, and on September 1, 1908, had in said bank $339.97, and that about that time said bank suspended business, and the assets were placed in the hands of a receiver; that the receiver had since then paid plaintiffs $142.87, leaving a 'balance due them of $197.10. That said bank was a corporation engaged in…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The principal question is, does the cause of action arising under section 859 of Kirby’s Digest survive? That section is as follows:
“If the president or secretary of any such corporation shall neglect or refuse to comply with the provisions of section 848 and to perform the duties required of them respectively, the persons so• neglecting or refusing shall jointly and severally be liable to an action, founded on this statute, for all debts of such corporation contracted during the period of any such neglect or refusal.”
Section 848 requires the president…
2Cases cited4 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Jones v. HarrisSupreme Court of Arkansas · 1909
- Arkansas Stables v. SamstagSupreme Court of Arkansas · 1906
3Cited by11 opinions
- Standard Oil Co. v. BrodieSupreme Court of Arkansas · 1922
- State ex rel. Attorney General v. TrulockSupreme Court of Arkansas · 1913
- Butler v. PetersMontana Supreme Court · 1922
- Austin v. Dermott Canning Co.Supreme Court of Arkansas · 1931
- Louisiana Oil Refining Company v. RainwaterSupreme Court of Arkansas · 1931
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