Legal Opinion · Concurrence

Delony v. Dillard

Supreme Court of Arkansas

Decided February 27, 1922Published

Appeal from Howard Circuit Court; James S. Steel, Judge; 1. Repeals by implication are never favored. 112 Ark. 437; 92 Id. 600; 41 Id. 149. There is no such irreconcilable conflict between § 1715, C. & M. Digest, and the banking act of 1913, chap. 15, C. & M. Digest, as to justify holding the latter as having repealed the former by implication. 2. The liability of the president of a corporation for his failure to file the certificate required by law, is a personal liability…

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Appeal from Howard Circuit Court; James S. Steel, Judge; 1. Repeals by implication are never favored. 112 Ark. 437; 92 Id. 600; 41 Id. 149. There is no such irreconcilable conflict between § 1715, C. & M. Digest, and the banking act of 1913, chap. 15, C. & M. Digest, as to justify holding the latter as having repealed the former by implication. 2. The liability of the president of a corporation for his failure to file the certificate required by law, is a personal liability upon implied contract. 68 Ark. 433. The right of a creditor to sue is the same whether the corporation is solvent or…

1ConcurrenceMcCulloci-i, C. J.

I think that the judgment should be affirmed, not for the reasons stated in the opinion of the majority, but on the ground that there has been a repeal, by implication, of the statute under which liability of appellee is sought to be imposed. I disagree with each of the conclusions of law announced in the opinion of the majority as to the repeal of the statute and the right of á creditor to maintain an action in his own behalf

On the first question I can add but little to what was said in my dissenting opinion in the recent case of Creamery Packing Co. v. Wilhite, 149 Ark. 576, except to say…

2Cases cited5 opinions

  1. Jones v. HarrisSupreme Court of Arkansas · 1909
  2. Creamery Package Manufacturing Co. v. WilhiteSupreme Court of Arkansas · 1921
  3. Sanderson v. WilliamsSupreme Court of Arkansas · 1920
  4. Beekman Lumber Co. v. AhernSupreme Court of Arkansas · 1905
  5. Steele v. HughesSupreme Court of Arkansas · 1912

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