Ringo v. Wing
Supreme Court of Arkansas
APPEAL from Pttlaski Chancery Court. C. B. Moore, Sp. Chancellor. The mortgage is void. It is executed in the name of the “Furniture Works,” signed by Flowers as manager, when Flowers was the real party. 19 Ark., 602; 36 id., 466. The acknowledgment is defective and void; the word "purposes ” is left out. 32 Ark., 433. But if the'mortgage be valid between the parties, it cannot prevail against the partners and the partnership ci’editors. 77 Ind., 361. It makes no difference…
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APPEAL from Pttlaski Chancery Court. C. B. Moore, Sp. Chancellor. The mortgage is void. It is executed in the name of the “Furniture Works,” signed by Flowers as manager, when Flowers was the real party. 19 Ark., 602; 36 id., 466. The acknowledgment is defective and void; the word "purposes ” is left out. 32 Ark., 433. But if the'mortgage be valid between the parties, it cannot prevail against the partners and the partnership ci’editors. 77 Ind., 361. It makes no difference whether the partnership became insolvent before or after the mortgage was recorded. 38 Ohio St., 33p; 86 N. Y, 280; 11…
1Opinion of the CourtCockrill, C. J.
This suit was instituted by D. R. Wing & Co. to foreclose a mortgage upon’a lot of machinery, executed by P. Flowers, who was doing business under the style of the “Furniture Works,” .to secure a debt due by him to Wing & Co., which was contracted with reference to his furniture manufacturing business. The mortgage was executed in the autumn of 1883, and was filed for record in December, 1884. The acknowledgment does not declare that the mortgage was executed for the “ purposes ” therein set forth. After its execution, John M. Walker purchased a half interest in the business of the Furniture…
2Cases cited2 opinions
- Tarbell v. . WestNew York Court of Appeals · 1881
- Arnold v. . NicholsNew York Court of Appeals · 1876
3Cited by9 opinions
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Thornton v. FindleySupreme Court of Arkansas · 1911
- Stephens v. NeelySupreme Court of Arkansas · 1923
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
- Salter v. Edward Hines Lumber Co.Appellate Court of Illinois · 1898
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