Legal Opinion

Frazier v. Poindexter

Supreme Court of Arkansas

Decided March 24, 1906PublishedCited by 7 opinions

Appeal from Ouachita Circuit Court; Charles W. Smith, Judge; statement by the-court. This is an action brought by N. F. Frazier, appellant, against E. S. Poindexter, appellee, on account to recover money alleged to have been collected by the defendant upon certain promissory notes delivered to him by one J. W. Ferguson as agent of plaintiff.

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Appeal from Ouachita Circuit Court; Charles W. Smith, Judge; statement by the-court. This is an action brought by N. F. Frazier, appellant, against E. S. Poindexter, appellee, on account to recover money alleged to have been collected by the defendant upon certain promissory notes delivered to him by one J. W. Ferguson as agent of plaintiff. Frazier lived at El Dorado, Kansas, and owned a lot of horses which he placed for sale in the hands of Ferguson, who was engaged in the business of buying and selling horses in Arkansas. Ferguson sold the horses for Frazier in Miller County, this State,…

1Opinion of the Court

McCulloch, J.,

(after stating the facts.) Appellant asked the court to give the following instructions:

“1. The court instructs the jury that if you find from the evidence in this case that the notes from which the money was collected were made payable to J. W. Ferguson or order, and that the said J. W. Ferguson, for value, before they were due, transferred said-notes to Frazier, and that said notes were received from Frazier for collection by Ferguson, and delivered to defendant, and he collected same, and failed to remit said money, then your verdict must be for plaintiff, for the amount he…

2Cases cited6 opinions

  1. Sullivan v. ShailorSupreme Court of Connecticut · 1898
  2. Baxter v. ShermanSupreme Court of Minnesota · 1898
  3. Bliss v. BlissThe Superior Court of New York City · 1860
  4. Quinn v. SewellSupreme Court of Arkansas · 1887
  5. Buchanan v. Cleveland Linseed-Oil Co.Court of Appeals for the Second Circuit · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Darling-Singer Lumber Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1935
  2. Morrison v. BlandSupreme Court of Arkansas · 1956
  3. C. H. Robinson Co. v. Hudgins Produce Co.Supreme Court of Arkansas · 1919
  4. Standard Brick & Tile Co. v. PoseyCourt of Appeals of Georgia · 1937
  5. United States Nat. Bank v. Leflore Grocer Co.Mississippi Supreme Court · 1927

2 more not listed; retrieve them via the Exa API.

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