Bertig v. Norman
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; 1. ■ Though the complaint sounded in tort, yet, by his election, before going to the jury, in terms “that his cause of action is one of bailment,” plaintiff in effect elected to recover on an implied assumpsit.
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Appeal from Greene Circuit Court; Frank Smith, Judge; 1. ■ Though the complaint sounded in tort, yet, by his election, before going to the jury, in terms “that his cause of action is one of bailment,” plaintiff in effect elected to recover on an implied assumpsit. The character of the action elected is to be determined by the object sought to be attained and not by what it is called. 53 Ark. 468; 36 Ark. 331; 73 Ark. 183; 74 Ark. 93. Where a party waives a tort and sues in contract, he must show that the property has been disposed of for value. 11 Ark. 270; 17 Ark. 599; 31 Ark. 155; 76 Am.…
1Opinion of the Court
Frauenthai,, J.
This was an action instituted by Joseph Norman, the plaintiff below, to recover the value of a bale of cotton which he owned. It was originally instituted in a justice of the peace court against Bertig Brothers, the Paragould Grocer Company and D. D. Hodges as defendants. The cause of action was in that court based upon allegations that the plaintiff had delivered or caused to be delivered to the defendants the bale of cotton, and that it was sold or shipped by them, and that they had refused to pay therefor. The case was appealed to the circuit court, and in that court the…
2Cases cited6 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- James v. OrrellSupreme Court of Arkansas · 1900
- Union Compress Co. v. NunnallySupreme Court of Arkansas · 1899
- Stanley v. BrachtSupreme Court of Arkansas · 1883
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