Adler-Goldman Commission Co. v. Hathcock
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. James W. Butler, Judge. The Adler-Goldman Commission Company, a corporation, ■sued G. B. Pearson for $1200 due on an open account, and procured an attachment to be levied upon a stock of goods which was invoiced at $1542 and sold by the sheriff for .$1058.60. Hathcock interpleaded for the goods, claiming to have purchased them from Pearson. The attachment was sustained.
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APPEAL from Independence Circuit Court. James W. Butler, Judge. The Adler-Goldman Commission Company, a corporation, ■sued G. B. Pearson for $1200 due on an open account, and procured an attachment to be levied upon a stock of goods which was invoiced at $1542 and sold by the sheriff for .$1058.60. Hathcock interpleaded for the goods, claiming to have purchased them from Pearson. The attachment was sustained. Upon the trial of the interplea, Hathcock testified as follows : “On January 18, 1890, in the evening, Mr. Pearson and I were talking about a sale of the goods to me. He first proposed…
1Opinion of the CourtHemingway, J.
The appellant argues that the court erred in giving two instructions asked on behalf of the appellee ; but there was no exception to the giving of them, nor was it made a ground of the motion for a new trial. We cannot therefore review the court’s action in this regard.
Whether the evidence sustains the verdict is the controlling question in the case.
That Pearson was insolvent, and, being pressed by his creditors, sold the stock of goods in bulk for 50 per cent, of its invoice price, collected two-thirds of the agreed price and withheld it from his creditors, are facts not controverted.…
2Cases cited2 opinions
- Carter Bros. & Co. v. ColemanSupreme Court of Alabama · 1887
- Gollober v. MartinSupreme Court of Kansas · 1885
3Cited by3 opinions
- Merchants & Farmers Bank v. HarrisSupreme Court of Arkansas · 1914
- Rosewater v. Schwab Clothing Co.Supreme Court of Arkansas · 1894
- Less v. GriceSupreme Court of Arkansas · 1913