Moore v. Murrell
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. W. R. Moore sued George P. Murrell, a nurseryman, upon a judgment upon certain notes for a sum aggregating $1788.71, obtained against him in 1878. The defendant answered that in 1879 he turned over to plaintiff’s lawyer fruit trees worth $2100 in full settlement of the judgment.
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Appeal from Lonoke Circuit Court. W. R. Moore sued George P. Murrell, a nurseryman, upon a judgment upon certain notes for a sum aggregating $1788.71, obtained against him in 1878. The defendant answered that in 1879 he turned over to plaintiff’s lawyer fruit trees worth $2100 in full settlement of the judgment. The defendant testified that in 1879 he was insolvent, and that he received letters from S. Brundidge, Jr., plaintiff’sattorney, ordering fruit trees in settlement of the judgment obtained against him ; that he shipped them in good condition, and that they were worth $2100 ; that he…
1Opinion of the CourtHemingway, J.
Can it be said, as matter of law, that when an attorney receives notes, which he after-wards reduces to judgment, with directions “ to do with them the best that he can,” he is authorized to accept as satisfaction articles of property ? The court below charged, in effect, that the law should be so held; and if this was erroneous, the judgment must be reversed.
An attorney is authorized by ordinary employment to prosecute a claim to judgment and satisfaction,'but he can take in satisfaction nothing but money, and of it no less than the amount due. If the authority exists in the case stated, it…
2Cited by6 opinions
- McKenzie v. BoorhemDistrict Court, W.D. Arkansas · 1954
- Cullin-McCurdy Construction Co. v. Vulcan Iron WorksSupreme Court of Arkansas · 1910
- Boyd v. Larco-Industrial Painting CorporationDistrict Court, W.D. Arkansas · 1973
- Veasey v. JoshlinSupreme Court of Arkansas · 1974
- Lockhart v. SpencerSupreme Court of Arkansas · 1957
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