Frauenthal v. Bridgeman
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Jno. S. Little, Judge. ' This was an action of replevin to recover certain personal property, the possession of which was claimed by the plaintiff under four chattel mortgages, executed by the defendant. By one of these mortgages the defendant conveyed to the plaintiff two mules and also a crop of corn and cotton.
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APPEAL from Logan Circuit Court. Jno. S. Little, Judge. ' This was an action of replevin to recover certain personal property, the possession of which was claimed by the plaintiff under four chattel mortgages, executed by the defendant. By one of these mortgages the defendant conveyed to the plaintiff two mules and also a crop of corn and cotton. It recites that the defendant was indebted to the plaintiff in the ■sum of ?585, as the purchase money for such property, and also in the amount of his^account on the books of the plaintiff, and is conditioned for the payment of the sum mentioned and…
1Opinion of the Court
Cockrill, 0. J.
The two poinits relied upon by the appellants to reverse the judgment in this case go back to the same question, viz: the admissibility of ' parol evidence, which, it is said, varied the terms of a written contract between the parties to the suit.
It is argued that the judgment cannot stand, because when the incompetent testimony which went to the jury is disregarded, the verdict is not sustained by evidence; and also because the court erred in basing one of its instructions to the jury upon the incompetent evidence.
1. Practice in Supreme Court: Objectoin waived in court below:…
2Cases cited1 opinion
- Tebbs v. WeatherwaxCalifornia Supreme Court · 1863
3Cited by9 opinions
- Felker v. RiceSupreme Court of Arkansas · 1913
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Campbell, Administrator v. HammondSupreme Court of Arkansas · 1941
- Young v. StevensonSupreme Court of Arkansas · 1905
- Brown v. RushingSupreme Court of Arkansas · 1902
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