Burke v. Napoleon Hill Cotton Co.
Supreme Court of Arkansas
Appeal from Pike Circuit Court; J. 8. Lake, Judge; 1. It was error to direct a verdict. There was a question of fact for a'jury under proper instructions. The right to a trial by jury is inviolate under the Constitution.
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Appeal from Pike Circuit Court; J. 8. Lake, Judge; 1. It was error to direct a verdict. There was a question of fact for a'jury under proper instructions. The right to a trial by jury is inviolate under the Constitution. Const., art 7, § 23; 73 Ark. 561; 76 Id. 520. Where there is any evidence tending to establish an issue in favor of the party against whom the verdict is directed, it is error to take the case from the jury. 63 Ark. 94; 77 Id. 556; 36 Id. 451; 35 Id. 146; 62 Id. 63; 84 Id. 57; 89 Id. 368; 96 Id. 368. See also 39 Ark. 491; 99 Id. 490; 97 Id. 438; 101 Id. 376; 105 Id. 213; 96…
1Opinion of the Court
WOOD, J.,
(after stating the facts). It was a question for the jury under the evidence in this case to determine whether or not the appellee had exercised ordinary care to protect and preserve the peas which had been consigned to it.
The appellee as factor or commission merchant was an agent of the appellant to sell on commission the goods which appellants had consigned to it. Appellee was bound to act in good faith and to use reasonable or ordinary care.(1) “The measure of care and diligence,” says Ruling Case Law, “required of a factor in conducting the business of his principal is that which…
2Cases cited1 opinion
- Maloney v. Jones-Wise Commission Co.Supreme Court of Arkansas · 1915
3Cited by9 opinions
- Manhattan Factoring Corp. v. OrsburnSupreme Court of Arkansas · 1965
- Cusick v. PhillippiCourt of Appeals of Washington · 1985
- Brown v. Southern Grocery CompanySupreme Court of Arkansas · 1925
- Smith v. WheatSupreme Court of Arkansas · 1931
- Middleton v. MiddletonSupreme Court of Arkansas · 1934
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