Roberts Cotton Oil Co. v. F. E. Morse & Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. , This suit was brought by appellee to recover damages for breach of a contract of sale of cotton seed meal, for delivery in October and November, 1909, to T. H. Bunch Company. It was alleged that the contract was made by appellant with said T. IT.
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. , This suit was brought by appellee to recover damages for breach of a contract of sale of cotton seed meal, for delivery in October and November, 1909, to T. H. Bunch Company. It was alleged that the contract was made by appellant with said T. IT. Bunch Company, which was, at the suit of a stockholder to wind up the affairs of said concern as an insolvent corporation, placed in the hands of receivers on the 17th day of September, 1909, by the Pulaski Chancery Court, with authority to dispose of…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) It is contended (1) that the national bankruptcy act superseded all State laws authorizing the affairs of insolvent corporations to be wound up, and that the Pulaski Chancery Court was without jurisdiction to appoint receivers or order the sale of the contract, and that such sale and transfer was void; (2) that the insolvency of the vendee authorized the vendor to rescind the contract of sale; (3) that the contract was not assignable.
1. It is no longer questioned that the national bankruptcy law brooks no interference with its operation, and supersedes all…
2Cases cited13 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- In Re Watts and SachsSupreme Court of the United States · 1903
- Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
- Pardee v. . KanadyNew York Court of Appeals · 1885
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3Cited by8 opinions
- In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
- Morgan v. StateSupreme Court of Arkansas · 1922
- Baxter County Bank v. CopelandSupreme Court of Arkansas · 1914
- International Shoe Company v. PinkusSupreme Court of Arkansas · 1927
- Purnell v. AtkinsonSupreme Court of Arkansas · 1970
3 more not listed; retrieve them via the Exa API.