Gordon Hollow Blast Grate Co. v. Zearing
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. The court erred in disallowing the notes as a preferred claim.
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Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. The court erred in disallowing the notes as a preferred claim. The legal title was retained to the property in the contract and there was no waiver by presenting the claim to the receiver for allowance. 107 Ark. 337; 74 Atl. 362; 116 Ark. 246; 185 Fed. 179; 163 Id. 943; 221 Id. 128; 12 How. 225; 50 Pac. 941; 91 N. E. 154; 103 N. W. 710; 23 S. E. 90; 142 N. W. 652; 79 Pac. 564; 35 S. W. 396. 2. Appellant bad a lien on tbe proceeds of tbe sale of tbe machinery in tbe bands of tbe receiver. Tbe filing of tbe…
1Opinion of the CourtHumphreys, J.
Appellant, in tbe year 1907, sold tbe Stoneman-Zearing Lumber Company a trimmer and edger for $656.25, and retained the 'title in said machinery “until tbe purchase price, including all paper that may be given to apply on same, has been fully paid in cash.” Not having paid the purchase price, the Stone-man-Zearing Lumber Company delivered to appellant, in evidence thereof, two notes, one being due November 10, and the other November 20, 1909. On January 7, 1910,-tbe Stoneman-Zearing Lumber Company was placed in tbe bands of a receiver by order of tbe Prairie Chancery Court. Appellant filed…
2Cases cited7 opinions
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Nashville Lumber Co. v. RobinsonSupreme Court of Arkansas · 1909
- Neal v. ConeSupreme Court of Arkansas · 1905
- Hollenberg Music Co. v. BankstonSupreme Court of Arkansas · 1913
- Davis v. JonesSupreme Court of Arkansas · 1899
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3Cited by5 opinions
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- H. G. Vogel Co. v. Original Cabinet Corp.Michigan Supreme Court · 1930
- Fred E. Cooper, Inc. v. FarrLouisiana Court of Appeal · 1964
- Franklin Sav. Bank of Franklin v. GarotCourt of Appeals for the Eighth Circuit · 1934
- Noble Gill Pontiac, Inc. v. BassettSupreme Court of Arkansas · 1957