Lewis v. Arnn
Supreme Court of Arkansas
Appeal from Sharp Circuit Court, Southern District; J. B. Baker, Judge; 1. The court erred in giving instruction No. 2. There was no evidence to support it. An accord with-" out satisfaction is not a bar. 78 Ark. 304; 88 Id. 473; 115 Id. 339. 1. Instruction No. 2 was not erroneous.
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Appeal from Sharp Circuit Court, Southern District; J. B. Baker, Judge; 1. The court erred in giving instruction No. 2. There was no evidence to support it. An accord with-" out satisfaction is not a bar. 78 Ark. 304; 88 Id. 473; 115 Id. 339. 1. Instruction No. 2 was not erroneous. There was sufficient evidence on which to submit to the jury the question of whether or not there had been a settlement and an accord and satisfaction. 1 Corpus Juris. 567; 2 Ark.-226; 50 Oregon, 559; 4 J. J. Marsh (Ky.) 449; 110 N. Y. S. 391; 64 S. W. 746; 209 Pa. 368; 122 Ala. 269; 56 Me. 26; 7 Md. 259.
1Opinion of the CourtSmith, J.
Appellant was the plaintiff below and sued to recover judgment for the value of two cows which appellees had bought from one Conyers. After purchasing the cows appellees shipped them to St. Louis, where they were sold.
Upon the trial in the court below it was insisted, first, that the cattle belonged to Conyers and that he. had the right to sell them. It was also insisted that appellant and Conyers had adjusted their differences. Conyers was arrested for the larceny of the cattle, but that case was never tried. Conyers testified that all differences between himself and appellant were adjusted.…
2Cases cited2 opinions
- St. Louis Southwestern Railway Co. v. MitchellSupreme Court of Arkansas · 1914
- West v. Carolina Life Ins.Supreme Court of Arkansas · 1876
3Cited by2 opinions
- St. Louis-San Francisco Railway Co. v. WinslowSupreme Court of Arkansas · 1919
- Lewis v. ArnnSupreme Court of Arkansas · 1918