Turner v. Israel
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District. Richard H. Powell, Judge. The whiskey was not subject to execution against Surridge & Turner. The title never vested in them. Appellant had a separate business of her own. Const. .1874, art. 19, §7; Sand. & H. Dig., § 4940. The payment of the draft and delivery of the bill of lading vested the title in appellant. Sand. '& H. Dig., §§ 509-510. Until payment of the draft, the title was in the consignors.
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Appeal from Lawrence Circuit Court, Eastern District. Richard H. Powell, Judge. The whiskey was not subject to execution against Surridge & Turner. The title never vested in them. Appellant had a separate business of her own. Const. .1874, art. 19, §7; Sand. & H. Dig., § 4940. The payment of the draft and delivery of the bill of lading vested the title in appellant. Sand. '& H. Dig., §§ 509-510. Until payment of the draft, the title was in the consignors. The delivery of the bill of lading was a delivery of the property. 44 Ark. 301; 53 Md. 612. See also 1 Morse, Banks, §§ 268, 269, 273; 4 N.…
1Opinion of the CourtBattle, J.
This action was instituted by Mrs. Lizzie Turner against J. F. Israel to recover the possession of two barrels of whiskey, of the value of $160, which were held by him as constable under an execution. The action was brought before a justice of the peace, and was taken by appeal to the circuit court.
The facts, as shown by the evidence adduced at the trial in the circuit court, are substantially as follows: In 1894, James H. Turner and William K. Surridge were engaged in the saloon business in the town of Walnut Ridge, in this state. In December of that year the whiskey in controversy was…
2Cases cited3 opinions
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- Curtis v. RootIllinois Supreme Court · 1858
- Christie v. HaleIllinois Supreme Court · 1867
3Cited by4 opinions
- Barnum Grain Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Garner v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- Collin County National Bank v. HarrisSupreme Court of Arkansas · 1909
- Maloney v. Jones-Wise Commission Co.Supreme Court of Arkansas · 1915