Shapard v. Lesser
Supreme Court of Arkansas
Appeal from Lee Circuit Court; /. M. Jackson, Judge; 1. This action is bottomed on an open account and plaintiff should have made the Marianna Cotton Oil Company a party plaintiff. Kirby’s Digest, § 6000; 69 Ark. 66; 47 Id. 541; 80 Id. 167. The fact that the other former stockholders came in and asked to be made parties, stating that they had an interest, merely made additional interested parties plaintiff, but did not make the corporation a party.
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Appeal from Lee Circuit Court; /. M. Jackson, Judge; 1. This action is bottomed on an open account and plaintiff should have made the Marianna Cotton Oil Company a party plaintiff. Kirby’s Digest, § 6000; 69 Ark. 66; 47 Id. 541; 80 Id. 167. The fact that the other former stockholders came in and asked to be made parties, stating that they had an interest, merely made additional interested parties plaintiff, but did not make the corporation a party. The corporation was extinguished. 105 Ark. 421; 116 Zd. 74; 168 N. Y. 70. The case should have been transferred to chancery. Kirby’s Digest, § §…
1Opinion of the CourtHart, J.
On March 8, 1915, Harry Lesser, doing business under the firm name of the Marianna Cotton Oil Mill, brought suit in the circuit court against T. L. Shapard for $876.65, alleged to be due upon an open account. The plaintiff stated that the Marianna Cotton Oil Company, a corporation, had conveyed this account together with all of its other property of every kind to him, and that shortly thereafter it surrendered its charter to the State of Arkansas, and lost its legal entity as a corporation.
In April, 1915, A. D. Goldman, Blanche L. Goldman, J. L. Isaacs, W. B. Mann and Jim Thompson filed a…
2Cases cited10 opinions
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- Eagle v. OldhamSupreme Court of Arkansas · 1915
- Tuscaloosa Ice Manufacturing Co. v. WilliamsSupreme Court of Alabama · 1899
- Alf Bennett Lumber Co. v. Walnut Lake Cypress Co.Supreme Court of Arkansas · 1912
- Edgar Lumber Co. v. Cornie Stave Co.Supreme Court of Arkansas · 1910
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- Little Rock Towel & Linen Supply Co. v. Independent Linen Service Co.Supreme Court of Arkansas · 1964
- Wakenight v. Spear & RogersSupreme Court of Arkansas · 1921
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