National Trust & Credit Co. v. Polk
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; 1. The court erred in holding that the receipt had any binding force or effect as to the rights of appellant as against Polk or the bank.
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Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; 1. The court erred in holding that the receipt had any binding force or effect as to the rights of appellant as against Polk or the bank. If the receipt is not a fraud then it is a mistake and evidence is always admissible to show that a receipt is a fraud or mistake. 93 Ark. 383. It did not at least bind the appellants. 2. Of course the agreement between J. M. Hawks and W. D. Polk by which the sale of the stock of goods was consummated with an additional agreement that the debts of Hawks should be paid from the purchase…
1Opinion of the Court
McCulloch, O. J.
Appellant’s assignor, the Mari-Gaunt Co. was a creditor of one J. M. Hawks and appellant instituted this action against W. D. Polk, O. E. Skinner and the Bank of 'Corning (also including said J. M. Hawks as a defendant) to recover the amount of said indebtedness which it was alleged the other defendants, as a part of the consideration for the purchase of a stock of merchandise from Hawks, agreed to pay. Hawks was engaged in the mercantile business at Corning, Arkansas, and in the early part of the year 1913, sold the business either to Polk or to Skinner or to the Bank of…
2Cases cited5 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- St. L., I. M. & S. Ry. v. Camden BankSupreme Court of Arkansas · 1886
- Hecht & Imboden v. CaughronSupreme Court of Arkansas · 1885
- Greer v. LawsSupreme Court of Arkansas · 1892
- Cache Valley Lumber Co. v. Culver Co.Supreme Court of Arkansas · 1910
3Cited by4 opinions
- Smart, Administratrix v. OwenSupreme Court of Arkansas · 1945
- Seeley v. . OsborneNew York Court of Appeals · 1917
- Joy Rice Milling Company v. BrownSupreme Court of Arkansas · 1925
- Nimz v. Fullerton Lumber Co.Wisconsin Supreme Court · 1933