Hendren v. Wing
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Riddick, J. The appellees, D. R. Wing, C. E. Stephens and Joseph Eggleston, are partners doing business under the firm name of Arkansas Machinery & Supply Company.
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Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Riddick, J. The appellees, D. R. Wing, C. E. Stephens and Joseph Eggleston, are partners doing business under the firm name of Arkansas Machinery & Supply Company. In the course of their business as such firm, they sold one E. H. Miller the following machinery: One 35 horse power return tubular boiler, with fixtures and fittings, and one 35 horse power C. & T. engine complete with fixtures and connections. Por this property Miller agreed to pay $906.50, and he gave his note for that amount, payable in…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The Arkansas Machinery & Supply Company is not a corporation, but it is the business name of a firm of partners. The question for us to determine is whether a chattel mortgage, executed to it as such partnership, is valid at law. The decisions in regard to transfers of real estate to partnerships are based on the old rule that “a partnership, as such, cannot at law be the grantee in a deed, or hold real estate.” Percifull v. Platt, 36 Ark. 464. This rule does not apply to personal property. On the contrary, a partnership, as such, can at law be the…
2Cases cited4 opinions
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Chicago Lumber Co. v. AshworthSupreme Court of Kansas · 1881
- Henderson v. GatesSupreme Court of Arkansas · 1889
- Brunson v. MorganSupreme Court of Alabama · 1884