Baker v. Brown Shoe Co.
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Charles W. Smith, Judge; Action in replevin by Brown Shoe Company against W. H. Baker, as sheriff of Lafayette County, to recover a lot of shoes, valued at $134, held by the defendant as sheriff as the property of one O. W. Todd under orders of general attachment sued out by creditors of Todd. The plaintiff recovered judgment below, and the defendant appealed. 1. The evidence was not legally sufficient to sustain the verdict.
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Appeal from Lafayette Circuit Court; Charles W. Smith, Judge; Action in replevin by Brown Shoe Company against W. H. Baker, as sheriff of Lafayette County, to recover a lot of shoes, valued at $134, held by the defendant as sheriff as the property of one O. W. Todd under orders of general attachment sued out by creditors of Todd. The plaintiff recovered judgment below, and the defendant appealed. 1. The evidence was not legally sufficient to sustain the verdict. Fraud is never presumed, and the burden is on the party alleging it to prove it. In this case it devolved on appellee to prove that…
1Opinion of the CourtMcCulloch, J.
Appellee sold the goods in controversy to Todd, and demands a rescission of the sale, and seeks to recover the goods on the ground that the sale was induced by a false and fraudulent written statement made by Todd at the time of the sale. Todd failed in business subsequent to the purchase from appellee, and his property was attached for debt by his creditors.
Appellee is a Missouri corporation, domiciled at St. Louis, and on January 26, 1904, through its attorney at Lewisville in Lafayette County, commenced an action before a justice of the peace against Todd to recover the price of the goods…
2Cases cited2 opinions
- White v. Beal & Fletcher Grocer Co.Supreme Court of Arkansas · 1898
- Dudley E. Jones Co. v. DanielSupreme Court of Arkansas · 1899
3Cited by6 opinions
- Thornton v. FindleySupreme Court of Arkansas · 1911
- Craig v. MeriwetherSupreme Court of Arkansas · 1907
- Loden v. Paris Auto Co.Supreme Court of Arkansas · 1927
- Butler Brothers v. HamesSupreme Court of Arkansas · 1936
- Noble Gill Pontiac, Inc. v. BassettSupreme Court of Arkansas · 1957
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