Winter v. Lewis
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. Appellant is not .a volunteer. If his testimony is true, and it is, appellee is clearly liable. If the agreement between Lewis and Ed Weaver is void, the question of whether appellant’s relationship to the transaction would prevent a recovery, is one of fact to be submitted to a jury under proper instructions. It was error to direct a verdict.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. Appellant is not .a volunteer. If his testimony is true, and it is, appellee is clearly liable. If the agreement between Lewis and Ed Weaver is void, the question of whether appellant’s relationship to the transaction would prevent a recovery, is one of fact to be submitted to a jury under proper instructions. It was error to direct a verdict. Winter was not a party to any contract to conceal a crime or stop a prosecution therefor. He knew nothing of the gambling debt or why the checks were given. 1. Appellant was a mere…
1Opinion of the CourtHart, J.
S. Winter sued Jas. K. Lewis in the Municipal Court of Little Eock, second division, to recover the sum of $53.40 alleged to be due upon a check given him by the defendant. The plaintiff recovered judgment against the defendant for the .amount sued for and the defendant appealed to the circuit court. There the court directed a verdict in favor of the defendant and from the judgment rendered the plaintiff has appealed.
Fred K. Lewis, a young man about nineteen years of age, at the time, was working in Fort Smith, Arkansas, for the Underwood Typewriter Company. He went into a back room at Weaver…
2Cases cited4 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Beal & Doyle Dry Goods Co. v. BartonSupreme Court of Arkansas · 1906
- Shelby v. BurrowSupreme Court of Arkansas · 1905
- Johnson v. Graham Bros.Supreme Court of Arkansas · 1911
3Cited by3 opinions
- Collier Commission Co. v. WrightSupreme Court of Arkansas · 1924
- McIntyre v. HicksCalifornia Court of Appeal · 1929
- Hines v. HinesSupreme Court of Arkansas · 1929