Jones v. Bank of Commerce
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. It was error to give instruction No. 1 for appellee. The corporation had not paid its franchise tax. Act 443, Acts 1907, and No. 260, Acts 1909. It was also in the hands of a receiver and he alone could sue. The attorneys were not authorized to bring the suit. 10 Cyc. 773-775b; 24 A. & E. Ann. Cas. 300 and note. 2. The sale was absolute and not conditional. 20 A. & E. Ann.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. It was error to give instruction No. 1 for appellee. The corporation had not paid its franchise tax. Act 443, Acts 1907, and No. 260, Acts 1909. It was also in the hands of a receiver and he alone could sue. The attorneys were not authorized to bring the suit. 10 Cyc. 773-775b; 24 A. & E. Ann. Cas. 300 and note. 2. The sale was absolute and not conditional. 20 A. & E. Ann. Cas. 300 and note. 3. There was error in the other instructions. Appellants had the right to show that appellee was not entitled to possession…
1Opinion of the CourtHart, J.
Appellee sued appellants in replevin to recover certain furniture, fixtures and other property usually used in a restaurant.
According to the testimony adduced in favor of appellants they bought the property from appellee and paid $25 cash, and the balance was to be paid in deferred payments. The property was to be removed from a warehouse where it was stored, at a subsequent time, and they subsequently took possession of the property under the contract of sale and moved it into their place of business. The sale was absolute and there were no conditions to it. They did not receive all the…
2Cases cited3 opinions
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Hollenberg Music Co. v. BarronSupreme Court of Arkansas · 1911
- Butler v. DodsonSupreme Court of Arkansas · 1906
3Cited by11 opinions
- Olson v. Moody, Knight & Lewis, Inc.Supreme Court of Arkansas · 1922
- Estes v. Lamb & Co.Supreme Court of Arkansas · 1921
- Modica v. CombsSupreme Court of Arkansas · 1923
- Rural Single School Districts Nos. 2, 3 & 4 v. Lake City Special School DistrictSupreme Court of Arkansas · 1920
- Home Fire Insurance v. WraySupreme Court of Arkansas · 1928
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