Triplett v. Rugby Distilling Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge. The statement of Wertheimer’s business rating as shown by the commercial agencies was not competent for the purpose of showing fraudulent intent in the purchase of the goods. 47 Ark. 253; 64 Ark. 16. The instructions were abstract and misleading. 53 Ark. 38; 9 Ark. 212; 13 Ark. 317; 57 Ark. 627; 37 Ark. 580; 18 Ark. 521. They were erroneous also because they assumed facts which should have been left to the jury. 51…
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. The statement of Wertheimer’s business rating as shown by the commercial agencies was not competent for the purpose of showing fraudulent intent in the purchase of the goods. 47 Ark. 253; 64 Ark. 16. The instructions were abstract and misleading. 53 Ark. 38; 9 Ark. 212; 13 Ark. 317; 57 Ark. 627; 37 Ark. 580; 18 Ark. 521. They were erroneous also because they assumed facts which should have been left to the jury. 51 Ark. 88; 24 Ark. 544; 94 U. S. 610. The taking of the property by the sheriff was not tortious. 23 Ark. 417; 24 Ark.…
1Opinion of the CourtWood, J.
This is a suit to replevy ten barrels of whisky of the aggregate value of $629.75, and warehouse receipts for fifteen barrels of whisky in bond, of the value of $158.71, the whole, free and in bond, being of the value of $788.46. The defendant denied all the material allegations of the complaint.
It appears that Mrs. E. Wertheimer had been engaged in the wholesale liquor business in Pine Bluff. On the 4th of April, 1896, various creditors had writs of attachment levied by the sheriff upon the property in controversy. The whisky in suit was sold by the plaintiff to Mrs. Wertheimer on March 14,…
2Cases cited3 opinions
- Taylor v. Mississippi MillsSupreme Court of Arkansas · 1886
- Bugg v. Wertheimer-Schwartz Shoe Co.Supreme Court of Arkansas · 1897
- Ames Iron Works v. Kalamazoo Pulley Co.Supreme Court of Arkansas · 1896
3Cited by5 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Newton v. RussianSupreme Court of Arkansas · 1905
- Sibeck v. McTiernanSupreme Court of Arkansas · 1910
- Jones v. KeebeySupreme Court of Arkansas · 1923
- Bercher v. GunterSupreme Court of Arkansas · 1910