National Fruit Products Co. v. Garrett
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, (Special Judge; 'STATEMENT BY THE COURT. The appellant, á corporation, was engaged in the manufacture and sale of cider in Tennessee. The Ola Bottling & Manufacturing Company was a partnership composed of Boy Garrett, E. E. Garrett and Harlow Garrett. This firm was engaged in the business of manufacturing and selling cold drinks at Ola, Arkansas.
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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, (Special Judge; 'STATEMENT BY THE COURT. The appellant, á corporation, was engaged in the manufacture and sale of cider in Tennessee. The Ola Bottling & Manufacturing Company was a partnership composed of Boy Garrett, E. E. Garrett and Harlow Garrett. This firm was engaged in the business of manufacturing and selling cold drinks at Ola, Arkansas. The appellant instituted this suit in the justice court against E. E. Garrett and other members of the firm, on an 'account for $102.71, the value of five shipments of cider alleged…
1Opinion of the Court
"Wood, J.,
(after stating the facts). The appellant sued the appellees as members of the firm of the Ola Company on account. The appellees defended on the ground that they were not liable as members of the firm of the Ola Company, but that the debt was the individual liability of E. E. Garrett, and that if the debt wtas the debt of E. E. Garrett, he had executed to appellant his individual notes, and that appellant had accepted same in settlement of the claim.
(1-2) The issue as to whether or not the account sued on was for goods purchased by appellee E. E. Garrett for ¡his individual use /and…
2Cases cited1 opinion
- American Insurance v. McGehee Liquor Co.Supreme Court of Arkansas · 1909
3Cited by5 opinions
- Morris v. RaymondSupreme Court of Arkansas · 1918
- L. J. Smith Construction Co. v. TateSupreme Court of Arkansas · 1922
- Martin v. LangleySupreme Court of Arkansas · 1972
- Keatts v. McAllisterSupreme Court of Arkansas · 1953
- Johnson v. StateSupreme Court of Arkansas · 1922