Kaufman & Co. v. Stone
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Hon. Richard II. Powell, Circuit Judge. The sale of the cotton being by weight, and. the weight not being ascertained, the property never passed.
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Appeal from Independence Circuit Court. Hon. Richard II. Powell, Circuit Judge. The sale of the cotton being by weight, and. the weight not being ascertained, the property never passed. Fagan v. Faulkner, 5 Ark., 161;.Everett v. Clements, .9 id., 478; Gilliam v. Toldes, 15 id., 64; 2 Kent, 496,' and cases cited; Bussell v. Lytle, 6 Wend., 390; Pope v. Tunstall, 2 Ark., 409; Crary v. Ashley, 4 id., 203; Ballard v. Noahs, 2 id., 45. The term of office of the commissioner did not expire with that of the Governor appointing him. Jacques v. Weeks, 7 Watts, 261; Opins. Atty. Genis., 186; 3 Abbots…
1Opinion of the CourtMcClure, J.
It appears that in January, 1861, Rufus and Jefferson Stone; gave to Hirsch & Adler their note, under seal, payable one day after date, for two thousand nine hundred and twenty-seven and dollars, with interest, payable at the rate of ten per cent, per annum.
This note appears to have been regularly assigned by Hirsch & Adler to Kaufman & Co. On the 18th of February, 1867, Kaufman & Co. brought suit to enforce the payment of the note. At the May term, 1867, defendant craved oyer of the instrument sued on, with all the assignments, affidavits, and indorsements thereon ; which, being granted,…
2Cases cited3 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- Kirby v. JohnsonSupreme Court of Missouri · 1856
3Cited by9 opinions
- State v. RobertsSupreme Court of Arkansas · 1973
- Priest v. HodgesSupreme Court of Arkansas · 1909
- Fortin v. ParrishSupreme Court of Arkansas · 1975
- Webb v. KelseySupreme Court of Arkansas · 1899
- Riggs v. BrockSupreme Court of Arkansas · 1945
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