Monticello State Bank v. Killian
Supreme Court of Arkansas
Appeal from Miller Circuit Court, Geo. R. Haynie, Judge; 1. The court erred in refusing to give the peremptory instruction asked by the plaintiff. (1) The animal when he died was the property of defendants, and his death did not reheve defendants from liability. The notes were purchased for value in reliance on the guaranty and contracts, under them there was no defense to the notes.
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Appeal from Miller Circuit Court, Geo. R. Haynie, Judge; 1. The court erred in refusing to give the peremptory instruction asked by the plaintiff. (1) The animal when he died was the property of defendants, and his death did not reheve defendants from liability. The notes were purchased for value in reliance on the guaranty and contracts, under them there was no defense to the notes. The horse was sold under a contract of sale or return and the title passed on delivery with the right to return and exchange for another within the specified time; the horse died before any offer to return; the…
1Opinion of the CourtHart, J.
(after stating the facts). The court submitted the ease to the jury on the theory that the sale of the stallion was a sale on trial or a delivery with the right to buy within a stipulated time if the defendants liked the horse, and that until the expiration of the limited time the title and risk was in the vendor.
On the other hand it is contended that the delivery of the stallion under the agreement amounted to what is called a contract of sale or return and that in such cases the title vests immediately in the defendants and that the loss of the horse, under the facts- of this ease, must…
2Cases cited6 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Osborne v. FrancisWest Virginia Supreme Court · 1893
- Guss v. NelsonSupreme Court of the United States · 1906
- Ward Furniture Manufacturing Co. v. IsbellSupreme Court of Arkansas · 1907
- Jacob Strauss Saddlery Co. v. Kingman & Co.Missouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ebner v. Haverty Furniture Co.Supreme Court of South Carolina · 1924
- Concordia Fire Ins. Co. of Milwaukee v. McCarty Motor Co.Court of Appeals of Texas · 1931