Richardson v. Shattuck
Supreme Court of Arkansas
' Appeal from Yell Circuit Court in Chancery, Dardanelle District. Jeremiah G. Waelace, Judge. STATEMENT BY THE COURT. Shattuck, as trustee, and the British-American Mortgage Company brought suit to foreclose a mortgage against Richardson and Harrington, alleging that the mortgage company had lent Harrington $700, and that Richardson was in possession of the land mortgaged.
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' Appeal from Yell Circuit Court in Chancery, Dardanelle District. Jeremiah G. Waelace, Judge. STATEMENT BY THE COURT. Shattuck, as trustee, and the British-American Mortgage Company brought suit to foreclose a mortgage against Richardson and Harrington, alleging that the mortgage company had lent Harrington $700, and that Richardson was in possession of the land mortgaged. The defendant, Richardson, answered, admitting that he was in possession by virtue of a conveyance from Harrington. He admits the execution of the notes and mortg'ages sued on, and avers that the consideration was $675…
1Opinion of the Court
Hughes, J.,
(after stating the facts as above reported). It appears from the evidence in the case that neither Crownover nor Black acted as the agent of the British-American Mortgage Company, the lender, in any transaction connected with the loan it made to Harrington, but they were employed by and acted as the agents of Harrington alone in what they did in connection with it. Therefore what Harring'ton paid them for their services could in no sense be a part of what was paid for interest on the money loaned or for the use of the money. What they were paid was paid upon a contract and…
2Cases cited2 opinions
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
- Baird v. MillwoodSupreme Court of Arkansas · 1889
3Cited by3 opinions
- Brown v. FretzSupreme Court of Arkansas · 1934
- Cooprider v. Security BankSupreme Court of Arkansas · 1994
- Smith v. NeeleyCourt Of Appeals Of Indian Territory · 1899