Beaty v. Johnston
Supreme Court of Arkansas
Cross Appeals from Sebastian County, Fort Smith District. Edgar E. Bryant, Judge. The court erred in holding that the decree in the federal court did not merge the contract to convey stock. 1 Freeman, Judg. §§ 215, 240; 1 Herman, Est. §§ 125, 222; 54 O. St.,214; 37 Ind. 264; 117 Ind. 315; 111 Pa. St. 99; 24 Minn. 4; 47 N. W. 151; 17 Conn. 420; 59 Mo.
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Cross Appeals from Sebastian County, Fort Smith District. Edgar E. Bryant, Judge. The court erred in holding that the decree in the federal court did not merge the contract to convey stock. 1 Freeman, Judg. §§ 215, 240; 1 Herman, Est. §§ 125, 222; 54 O. St.,214; 37 Ind. 264; 117 Ind. 315; 111 Pa. St. 99; 24 Minn. 4; 47 N. W. 151; 17 Conn. 420; 59 Mo. App. 26: 15 111. 420; 50 Miss. 391; 63 Ark. 259; 54 Conn. 253; 49 Ga. 585; 20 N. J. Law, 249. But the question of whether the contract was entire or severable was never before that court, and the question is not res judicata. 1 Herman, Est. §…
1Opinion of the CourtBunn, C. J.
This is a suit by appellant, Beaty, against appellees, W. J. Johnston and other stockholders and directors of the Fort Smith Gas Light Company,for the sum of $9,885.81, less credits, leaving a balance of $5,028.83, being the amount of dividends or net earnings of said company from the 1st of May, 1894, until the 15th of March, 1895, which the defendants h'ad collected and appropriated to their own use. Defendants answered, setting up an off-set about equal to the amount claimed by the plaintiff. Verdict for defendants, and, on motion by plaintiff for new trial, court required a remittitur by…
2Cases cited2 opinions
- Barnes v. . BrownNew York Court of Appeals · 1892
- Harris's AppealSupreme Court of Pennsylvania · 1888
3Cited by4 opinions
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- Katleman v. Leon's, Inc.Nebraska Supreme Court · 1923