Fagan v. Faulkner
Supreme Court of Arkansas
This was an action of assumpsit, tried in the Pulaski Circuit Court, in November, 1842, before the Hon, John J, Cjüendenin, one of the circuit judges. Catharine Fagan, as administratrix of Stephen Fagan, sued Nicholas Faulkner, on two counts. The first alleged that the defendant bargained for, and bought of her, five stacks of fodder, at $30 a stack, which she agreed to deliver and he to pay for; and that she offered to deliver, and he refused to receive and pay.
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This was an action of assumpsit, tried in the Pulaski Circuit Court, in November, 1842, before the Hon, John J, Cjüendenin, one of the circuit judges. Catharine Fagan, as administratrix of Stephen Fagan, sued Nicholas Faulkner, on two counts. The first alleged that the defendant bargained for, and bought of her, five stacks of fodder, at $30 a stack, which she agreed to deliver and he to pay for; and that she offered to deliver, and he refused to receive and pay. The second was the common count for fodder sold, money'due, and account stated. Neither party requiring a jury, the case was tried…
1Opinion of the Court
By the Court,
Paschal, J.
This Court has already ruled, at the .present term, that the practice of compelling a plaintiff to a peremptory non suit will not be tolerated. See Martin & Van Horn vs. Webb, ante. But as the finding and judgment in this case is a bar to a future action, we are therefore only to consider the motion as in the nature of an instruction asked; and that the Court found upon the merits of the case, as presented by the evidence. The question, therefore, for our consideration is, was there such a state of facts proven as would have authorized a verdict for the plaintiff, on…
2Cases cited2 opinions
- Ward v. ShawNew York Supreme Court · 1831
- Rapelye v. MackieNew York Supreme Court · 1826
3Cited by4 opinions
- Priest v. HodgesSupreme Court of Arkansas · 1909
- Rhynas v. KeckSupreme Court of Iowa · 1917
- Augusta Cooperage Co. v. PlantSupreme Court of Arkansas · 1924
- Hill, McLean & Co. v. RuckerSupreme Court of Arkansas · 1854