Williams v. Hadley
Supreme Court of Arkansas
Error from Douglas District Court. This was an action in replevin in the court below, brought originally by one Joel S. White, as assignee of C. M. Luther and N. Bond, against W. W. Williams, to recover the possession of certain personal property.
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Error from Douglas District Court. This was an action in replevin in the court below, brought originally by one Joel S. White, as assignee of C. M. Luther and N. Bond, against W. W. Williams, to recover the possession of certain personal property. After the commencement of the action and before the trial, Albert Hadley, the defendant in error, having become the assignee of Luther & Bond by election of the creditors in accordance with-provisions of ch. 101, laws of 1876, was substituted as plaintiff in the place of White. The property was claimed by said White, and afterward by Hadley, by…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The only question in this case for our consideration is, whether the voluntary assignment of Luther & Bond of September 25th, 1876, operated as a transfer and conveyance of the individual property of Bond ? I f it did so operate, then White, as assignee, was clothed with all the necessary power to obtain possession of the property, and entitled to it wherever it might have been, or in whosesoever hands. Against such assignment, counsel contend that the use of the word partners therein was intended to designate the capacity in which the…
2Cited by7 opinions
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- Eau Claire Grocer Co. v. HubbardWisconsin Supreme Court · 1897
- Cissell v. JohnstonCourt of Appeals for the D.C. Circuit · 1894
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