Legal Opinion

J. R. Watkins Medical Co. v. Horne

Supreme Court of Arkansas

Decided April 22, 1918PublishedCited by 2 opinions

Appeal from Greene Circuit Court; IF. J. Driver, Judge; 1. The record contains no proof that appellant ever transacted business in Arkansas. 2. It was error to direct a verdict. The first suit was properly dismissed without prejudice. Kirby’s Digest, § 6167; 69 Ark. 431; 122 Id. 456. After the dismissal of the first suit, appellant complied with the Arkansas laws and was entitled to sue again.

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Appeal from Greene Circuit Court; IF. J. Driver, Judge; 1. The record contains no proof that appellant ever transacted business in Arkansas. 2. It was error to direct a verdict. The first suit was properly dismissed without prejudice. Kirby’s Digest, § 6167; 69 Ark. 431; 122 Id. 456. After the dismissal of the first suit, appellant complied with the Arkansas laws and was entitled to sue again. Thompson on Corp. (2d ed); § 6720; Kirby’s Digest, § § 5083, 6167; 115 Ark. 166; 124 Id. 539; 122 Id. 456; 55 Id. 173, 295. 3. The suit was not barred. 77 Ark. 228. A verdict was properly instructed. It…

1Opinion of the CourtHart, J.

This is a suit by The J. R. Watkins Medical Company against J. A. Horne and Gr. O. Light, to recover on a promissory note. On August 1, 1910, the.defendants, J. A. Horne and Gr. O. Light executed their promissory note for $583.30 due and payable on or before six months after date to the J. R. Watkins Medical Company. On December 19, 1912, the Medical Company sued Horne and Light in the circuit court to recover a balance alleged to be due on the note.

The defendants filed an answer alleging that the plaintiff was a foreign corporation and had never complied with the statute of the State of…

2Cases cited9 opinions

  1. Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
  2. Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
  3. Deneen v. Houghton County Street-Railway Co.Michigan Supreme Court · 1907
  4. Hancock Ditch Co. v. BradfordCalifornia Supreme Court · 1859
  5. New Hampshire Banking Co. v. BallSupreme Court of Kansas · 1897

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3Cited by2 opinions

  1. Norton v. Hutchins, ChancellorSupreme Court of Arkansas · 1938
  2. Hogan v. Intertype Corp.Supreme Court of Arkansas · 1918

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