Blass v. Anderson
Supreme Court of Arkansas
Appeal from Little River Circuit Court. Will P. Feasel, Judge. Gus Blass & Co. sued L. B. Anderson and J. S. Anderson upon an account for merchandise sold, and sued out an attachment on the ground that defendants had fraudulently disposed of their property. The attachment was levied upon a stock of goods. J. S. Anderson filed a separate answer, denying any liability to plaintiffs and asserting exclusive ownership of the goods seized under the attachment.
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Appeal from Little River Circuit Court. Will P. Feasel, Judge. Gus Blass & Co. sued L. B. Anderson and J. S. Anderson upon an account for merchandise sold, and sued out an attachment on the ground that defendants had fraudulently disposed of their property. The attachment was levied upon a stock of goods. J. S. Anderson filed a separate answer, denying any liability to plaintiffs and asserting exclusive ownership of the goods seized under the attachment. He also controverted the grounds of attachment. L. B. Anderson filed no answer to the complaint, but controverted the grounds of attachment.…
1Opinion of the Court
1. Practice as to general findings.
CockriÉb, C. J.
Whether J. S. Anderson was carrying on business through B. B. Anderson as his agent; or whether J. S. Anderson held himself out as a partner in business with B. B. Anderson, were questions of fact for the jury and not of law for the court. A finding for the plaintiffs, Blass & Co., would have been sustained without hesitation. But there 'was a general finding- of fact in favor of J. S. Anderson, and there were no declarations of law requested or made. The case stands as. though a properly instructed jury had returned a verdict for the…
2Cases cited2 opinions
- Shaul v. HarringtonSupreme Court of Arkansas · 1891
- Horton v. BuffintonMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Garrison Properties, Inc. v. Branton Construction Co.Supreme Court of Arkansas · 1972
- Southern Farm Bureau Casualty Insurance v. McGibboneySupreme Court of Arkansas · 1969
- Cain v. CarlleeSupreme Court of Arkansas · 1925