Davis v. H. B. Claflin Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. Fdgar F. Bryant, Judg-e. STATEMENT BY THE COURT. H. B. Claflin Company brought suit against the Holmes Dry Goods Company, of Fort Smith, in this state, for $28,333.34, for which amount H. B. Claflin Company held the promissory notes, eight in number, of the Holmes Dry Goods Company, which had been transferred to it in due course of trade, before maturity, by one Daughaday.
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Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. Fdgar F. Bryant, Judg-e. STATEMENT BY THE COURT. H. B. Claflin Company brought suit against the Holmes Dry Goods Company, of Fort Smith, in this state, for $28,333.34, for which amount H. B. Claflin Company held the promissory notes, eight in number, of the Holmes Dry Goods Company, which had been transferred to it in due course of trade, before maturity, by one Daughaday. H. B. Claflin Company sued out an attachment in said suit, and had it levied upon the stock of goods of the Holmes Dry Goods Company, at Fort Smith,…
1Concurrence
•Bunn, C. J.,
(concurring.) It was held by this court in Sannoner v. Jacobson, 47 Ark. 31, and in Glaser v. First National Bank, 62 Ark. 171, that a junior attaching creditor cannot controvert the grounds of an attachment of a senior attaching creditor. Upon the doctrine thus announced in these two cases especially, and many cases doubtless decided in other jurisdictions, appellees base their contention in the case at bar mainly, that is to say, since the defendant, the Holmes Dry Goods Company, has filed no countervailing affidavit, and otherwise made no defense, judgment on their affidavit…
2Cases cited3 opinions
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Glaser v. First National BankSupreme Court of Arkansas · 1896
- Lehman v. LowmanSupreme Court of Arkansas · 1887