Reavis v. Barnes
Supreme Court of Arkansas
ERROR to Nevada Circuit Court. Hon. J. K. Young, Circuit Judge. reporter’s statement. Reavis rented land to Kirby for the year 1877, for the sum of $68, on which Kirby made a crop and in the fall, gathered the cotton and sold and delivered it to Barnes in part satisfaction of a mortgage he had given him upon it. Barnes shipped and sold the cotton for more than $68, and applied the proceeds to the mortgage, which they were insufficient to pay.
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ERROR to Nevada Circuit Court. Hon. J. K. Young, Circuit Judge. reporter’s statement. Reavis rented land to Kirby for the year 1877, for the sum of $68, on which Kirby made a crop and in the fall, gathered the cotton and sold and delivered it to Barnes in part satisfaction of a mortgage he had given him upon it. Barnes shipped and sold the cotton for more than $68, and applied the proceeds to the mortgage, which they were insufficient to pay. He knew when he purchased and received the cotton that Reavis’ rent was due and unpaid. Reavis finding no other means out of which to collect his rent,…
1Opinion of the CourtHarrison, J.
Although the defendant when he bought the cotton from Kirby may have known of the plaintiff’s lien for rent, the property in it passed to him, and the money for which he sold it, as a matter of course, belonged to him.
The ground of the action for money had and received by the defendant for the use of the plaintiff is, that the defendant had received money for the benefit of the plaintiff under such circumstances as to create a privity of contract between him and the plaintiff. 2 Chit. Con, 899.
Had the cotton been tortiously taken, the money for which the defendant sold it, would have been…
2Cited by17 opinions
- Murphy v. MyarSupreme Court of Arkansas · 1910
- Judge v. CurtisSupreme Court of Arkansas · 1904
- Security Bank & Trust Co. v. BondSupreme Court of Arkansas · 1918
- Beebe Stave Co. v. AustinSupreme Court of Arkansas · 1909
- Barrett v. NicholsSupreme Court of Arkansas · 1908
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