Beardsley v. Beardsley
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This was a suit in equity brought by the appellee as plaintiff below, against the appellant and the Arkansas and Louisiana Railway Company to enforce the rights of the plaintiff in the railway, under certain alleged trusts.
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This was a suit in equity brought by the appellee as plaintiff below, against the appellant and the Arkansas and Louisiana Railway Company to enforce the rights of the plaintiff in the railway, under certain alleged trusts. The material facts in this controversy were stated by the court as follows: The undisputed facts of this case are as follows: On January 1, 1882, appellant signed and delivered to appellee the following instrument: “ V. H. Carruth, President. J. D. Beardsley, Superintendent.…
1Opinion of the CourtJustice Brewer
The first and principal question in this case arises on the contract of January 1, 1882. By the appellant it is claimed that this is a mere executory contract, an agreement to sell; by the appellee, that it is an executed contract, a sale with reservation of security. The distinction is obvious, and the significance important. If an agreement to sell, the moving party must be the purchaser. If a sale, an executed contract with reservation of security, the moving party is the vendor, the one retaining security. If an agreement to sell, the moving party, the purchaser, must within a reasonable…
2Cases cited3 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- French v. HaySupreme Court of the United States · 1875
3Cited by32 opinions
- Colonial Refrigerated Transportation, Inc. v. George P. Mitchell, George P. Mitchell v. Colonial Refrigerated Transportation, Inc.Court of Appeals for the Fifth Circuit · 1968
- Kerfoot v. KessenerIndiana Supreme Court · 1949
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- Parsons v. LipeNew York Supreme Court · 1933
- Jones v. Commercial Investment TrustUtah Supreme Court · 1924
27 more not listed; retrieve them via the Exa API.