Shelby v. Burrow
Supreme Court of Arkansas
Appeal from Conway Circuit Court. N. T. Hawkins, Special Judge. 1. The contract was the basis of the action, and, there being no proof that any cotton was raised on the farm Of M. D. Shelby, no recovery could be had. 36 So. 1005; 56 Atl. 672. 2. Appellee was not the real party in interest. 15 Enc. PI. & Pr. p. 713; Kirby’s Dig. § § 6001. 6002, 6004. An assignor cannot sue in his own name. 15 Enc.
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Appeal from Conway Circuit Court. N. T. Hawkins, Special Judge. 1. The contract was the basis of the action, and, there being no proof that any cotton was raised on the farm Of M. D. Shelby, no recovery could be had. 36 So. 1005; 56 Atl. 672. 2. Appellee was not the real party in interest. 15 Enc. PI. & Pr. p. 713; Kirby’s Dig. § § 6001. 6002, 6004. An assignor cannot sue in his own name. 15 Enc. PI. & Pr. p. p. 709, 715; Kirby’s Digest, § 5999; 1 Ark. 220; 31 Ark. 597; 4 Id. 535. Nor can he sue as one in whose name a contract is made for the benefit of another. Kirby’s Digest, § 6002; 22…
1Opinion of the CourtBattle, J.
On the 25th day of June, 1900, M. D. Shelby and C. C. Burrow entered into a written contract in the words and figures following:
“Morrilton, Ark., June 25, 1900.
“This contract, entered into this 25th day of June, by and between M. D. Shelby and C. C. Burrow & Co., of Eittle Rock, witnesseth: ’ "
“That C. C. Burrow & ,Co. have this day bought of M. D. Shelby one hundred round bales at seven and forty-hundredths (7.40) cents per pound, to be delivered at Morrilton on or before the 15th day of December 1900. Cotton to be gathered in good condition off of the farm of M. D. Shelby in bottom.
“M. D.…
2Cases cited2 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
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- Leterman v. Charlottesville Lumber Co.Supreme Court of Virginia · 1910
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- Camp v. BarberSupreme Court of Vermont · 1913
- Collier Commission Co. v. WrightSupreme Court of Arkansas · 1924
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