Churchill v. Yeatman-Gray Grocer Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. This suit was begun in tbe justice of tbe peace court by appellee against appellants upon an itemized account.
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Appeal from Independence Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. This suit was begun in tbe justice of tbe peace court by appellee against appellants upon an itemized account. Tbe complaint alleged that tbe defendants were indebted to tbe plaintiff in tbe sum of $209.30. Tbe itemized account attached amounted to $487.90, and after deducting the credits it was claimed that the balance due was $209.30. The defendants, in an oral defense, set up payment of the account. Judgment in the justice court was in favor of the plaintiff, and the defendants appealed to the circuit…
1Opinion of the Court
Wood, J.,
(after stating the facts). There is no special finding of facts, and the court must consider the facts in the most favorable view for appellee that could have been taken by the trial court. When the facts are considered in this light, we are of the opinion that the circuit court might have found that the checks referred to in the testimony were not given to the appellee by the appellants in payment, either absolutely or conditionally, of the latter’s debt to the appellee. But, on the contrary, that they were endorsed by appellants and given to the appellee to hold until the drawer of…
2Cases cited3 opinions
- Henry v. ConleySupreme Court of Arkansas · 1886
- Andrews v. SimmsSupreme Court of Arkansas · 1878
- Sharp v. FlemingSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Keith v. McGregorSupreme Court of Arkansas · 1924
- Fletcher v. RaySupreme Court of Arkansas · 1952
- Joy Rice Milling Company v. BrownSupreme Court of Arkansas · 1925
- Ark. Farmers Ass'n v. YoheSupreme Court of Arkansas · 1957