Creanor v. Creanor
Supreme Court of Arkansas
ERROR to Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. Right to take the property sold is a personal privilege of the vendor and does not pass to assignee. Acts of 1877, p. 48. Mayfield had no day. Cited act of 1877 (supra), and argued that the benefit passed to the assignee. The action and bond is like that in attachment (Gantt’s Digest, 416) authorizing judgment against the surety.
1Opinion of the Court
STATEMENT.
Eakin, J.
Cassa Creanor, a minor, and the assignee of a note for $325, given to a vendor of .personal property by the purchasers, brought suit by her next friend against the makers, Peter Creanor and W. D. McMasters.
The instrument was not negotiable by the law merchant, not being payable to order or bearer. The complaint described the property for which the note was given; alleged that it was still in the possession of defendants; and prayed that it be taken and held subject to the order of the court. A summons issued, incorporating the order, as prayed, which was duly executed, and…
2Cited by3 opinions
- Kalb-Glibert Lumber Co. v. CramWashington Supreme Court · 1910
- Mattar v. WathenSupreme Court of Arkansas · 1911
- Liddell v. JonesSupreme Court of Arkansas · 1905