Legal Opinion

Basin Park Hotel Ass'n v. Arkansas Co.

Supreme Court of Arkansas

Decided January 16, 1922PublishedCited by 5 opinions

Appeal from Carroll Circuit Court, Western District; W.,A. Dickson, Judge; STATEMENT OP PACTS. The Arkansas Company, a corporation, brought this action in the circuit court against the Basin Park Hotel Association, operating under a declaration of trust, and the members thereof, to recover the sum of $483.95 alleged to be due for hotel supplies furnished by the plaintiff ■ to the defendants.

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Appeal from Carroll Circuit Court, Western District; W.,A. Dickson, Judge; STATEMENT OP PACTS. The Arkansas Company, a corporation, brought this action in the circuit court against the Basin Park Hotel Association, operating under a declaration of trust, and the members thereof, to recover the sum of $483.95 alleged to be due for hotel supplies furnished by the plaintiff ■ to the defendants. The suit is based upon a lease by the plaintiff to the defendants of a hotel in the city of Eureka Springs, Ark., and the alleged voluntary surrender of the leased property by the defendants during the…

1Opinion of the CourtHart, J.

(after stating the facts.) Counsel for the defendants asked the icourt to instruct the jury that under the .evidence in the case the defendants were evicted from the demised premises by paramount title, but the court refused to give the instructions, and gave instead instruction No. 11, which is ns follows:

“I charge you that, although you may find from the evidence that the mortgages held by the first National Bank of Paris, Texas, and the First National Bank of Eureka Springs, on the Basin Park Hotel property, were duly foreclosed by decree of the Federal court at Harrison, and that the…

2Cases cited3 opinions

  1. Reeves v. RominesSupreme Court of Arkansas · 1918
  2. Morrison v. WeinsteinSupreme Court of Arkansas · 1921
  3. Byers v. MooreSupreme Court of Arkansas · 1913

3Cited by5 opinions

  1. B. F. Avery & Sons' Plow Co. v. KennerlyTexas Commission of Appeals · 1929
  2. Bateman v. BrownCourt of Appeals of Texas · 1927
  3. Basin Park Hotel Ass'n v. Arkansas Co.Supreme Court of Arkansas · 1923
  4. Bateman v. BrownCourt of Appeals of Texas · 1927
  5. Kennerly v. B. F. Avery & Sons Plow Co.Court of Appeals of Texas · 1927

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