Gauss Sons v. Orr & Lindsey
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. Appellants rest this case on the mortgage given by Buttle to Orr & Lindsey, and insist that it is fraudulent and void. The mortgage authorized the mortgagor to retain possession and retail the goods, and did not require him to account for the sales of the first week.
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. Appellants rest this case on the mortgage given by Buttle to Orr & Lindsey, and insist that it is fraudulent and void. The mortgage authorized the mortgagor to retain possession and retail the goods, and did not require him to account for the sales of the first week. Nor was he required to account for the proceeds subsequently, further than that he was to pay $50 or more (at his option) regardless of the amount he should sell. The case is clearly within the principle of Lund v. Fletcher, 39 Ark., SB5, and Martin v.…
1Opinion of the CourtCookrill, C. J.
The appellants and the appellees each took a mortgage upon a stock of merchandise to secure the payment of debts due them. The mortgage to the appellees was prior in date and first recorded, and the appeal presents the single question whether the court erred in refusing to declare the mortgage void as against the appellants’ mortgage. The clause in the appellees’ mortgage that gave rise to the controversy is as follows, viz.:
“ It is agreed that I” (the mortgagor) “am to hold possession of my said stock of goods during the will of said Orr & Lindsey, and retail the same and account to said Orr…
2Cases cited1 opinion
- Lorillard v. . ClydeNew York Court of Appeals · 1881
3Cited by11 opinions
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- Kahn v. MetzSupreme Court of Arkansas · 1908
- McCargo v. SteeleDistrict Court, W.D. Arkansas · 1958
- Sydeman Brothers, Inc. v. WhitlowSupreme Court of Arkansas · 1933
- Lewis v. HixsonDistrict Court, W.D. Arkansas · 1959
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