A. F. Shapleigh Hardware Co. v. Hamilton
Supreme Court of Arkansas
Appeal from Pope Circuit Court. William L. Moose, Judge. A recovery as in assumpsit would have been proper. 1 Chitty, PI. 100; 58 Ark. 130; 41 Ark. 47G; 40 Ark. 78; 42 Ark. 57; 46 Ark. 57. Any change may be made in the form of a complaint. §§ 5764-57G9; 58 Ark. 612; 56 Ark. 603. The complaint was aided by the answer in this cause. 30 Ark. 249; 32 Ark. 386; 37 Ark. 551; 60 Ark. 70. Any defect of allegation in the complaint was-cured by the proof. 54 Ark. 289; 59 Ark. 215; 40…
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Appeal from Pope Circuit Court. William L. Moose, Judge. A recovery as in assumpsit would have been proper. 1 Chitty, PI. 100; 58 Ark. 130; 41 Ark. 47G; 40 Ark. 78; 42 Ark. 57; 46 Ark. 57. Any change may be made in the form of a complaint. §§ 5764-57G9; 58 Ark. 612; 56 Ark. 603. The complaint was aided by the answer in this cause. 30 Ark. 249; 32 Ark. 386; 37 Ark. 551; 60 Ark. 70. Any defect of allegation in the complaint was-cured by the proof. 54 Ark. 289; 59 Ark. 215; 40 Ark. 352; 44-Ark. 524 ; 65 Ark. 422. Appellant could not join inconsistent counts, one seeking recovery by the…
1Opinion of the CourtBattle, J.
A. F. Shapleigh Hardware Company instituted an action against W. Y. Hamilton. The complaint is as follows:
“The plaintiff states that it is a corporation, organized and doing business under the laws of Missouri, and that defendant was a merchant at Clarksville, Arkansas, and traded with the plaintiff,, and during the year 1895 purchased goods of the plaintiff, through one W. J. Binley, and that, by a combination between the said Binley and the defendant, a large quantity of the plaintiff's goods, was shipped to and received by the said W. V. Hamilton, at Clarksville, Arkansas, and were by him…
2Cases cited5 opinions
- Ross v. . MatherNew York Court of Appeals · 1872
- Clements v. YeatesSupreme Court of Missouri · 1879
- Degraw v. . ElmoreNew York Court of Appeals · 1872
- Carson v. CummingsSupreme Court of Missouri · 1879
- Fluty v. School DistrictSupreme Court of Arkansas · 1886
3Cited by2 opinions
- Grist v. LeeSupreme Court of Arkansas · 1916
- Pine Bluff Iron Works v. Arkansas Foundry Co.Supreme Court of Arkansas · 1932