International Harvester Co. of America v. Layton
Supreme Court of Arkansas
Appeal- from Marion Circuit Court; J. M. Shinn, Judge; 1. The court erred in refusing to enter judgment against Ernest Layton or J. B. Melton & Company for the sum claimed.
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Appeal- from Marion Circuit Court; J. M. Shinn, Judge; 1. The court erred in refusing to enter judgment against Ernest Layton or J. B. Melton & Company for the sum claimed. Layton held himself out as a partner to Powell, and is liable as a partner so far as creditors are concerned. 2 Ark. 346; 99 Id. 602; 139 S. W. 544; 32 Ark. 733; 87 Id. 123; 5 Id. 61; 2 Id. 34; 93 Id. 301; 80 Id. 33. This case does not fall within the rule in 29 Ark. 512; 24 Id, 12; 23 Id. 411. See 20 L, R. A. 595 and note. 2. Partners are liable jointly and severally for the firm debts. 4 Ark. 164; 37 Am. Deo. 777; 21…
1Opinion of the Court
Wood. J.
This action was brought by the appellant, International Harvester Company, a corporation of Wisconsin, authorized to do and doing "business in this State, against appellees J. B. Melton & Co., a partnership, composed of J. B. Melton and Ernest Layton. The complaint alleged that the appellees entered into certain written contracts with appellant to purchase wagons, trucks and other farm machinery and supplies upon the terms and conditions of the contracts, which were made exhibits to the complaint. Appellant alleged that there was a balance due it on account under these contracts of…
2Cases cited5 opinions
- Hamilton v. StateSupreme Court of Arkansas · 1896
- Mueller v. CoffmanSupreme Court of Arkansas · 1918
- Goset v. GosetSupreme Court of Arkansas · 1914
- Dixon-Rogers Trading Co. v. O. O. Scroggins & Co.Supreme Court of Arkansas · 1918
- Gardner v. MillerSupreme Court of Arkansas · 1860
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- John J. White, Jr. v. William A. BrownCourt of Appeals for the D.C. Circuit · 1961
- Inter-Southern Life Insurance v. RansomSupreme Court of Arkansas · 1921
- American Metal Window Co. v. WatsonSupreme Court of Arkansas · 1964
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