Chapline v. Atkinson & Co.
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. There is no evidence upon which the verdict could be based, and it is grossly wrong and shocking to one’s sense of justice. 2. The Court erred in giving the instructions asked for plaintiffs, and in modifying the third asked by defendant.
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APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. There is no evidence upon which the verdict could be based, and it is grossly wrong and shocking to one’s sense of justice. 2. The Court erred in giving the instructions asked for plaintiffs, and in modifying the third asked by defendant. There is no evidence that there was anything due on the September estimates, nor of any promise made to the debtors, Davis, Blythe & Co., and hence the verdict must have been based on either the second or third counts of the complaint. The promise to pay the debt of another must be upon…
1Opinion of the CourtEakin, J.
This suit was brought by R. G. Atkinson & Co. against Chapline. They say in their complaint, that the firm of Davis, Blythe & Co. were sub-contractors under Chapline in railroad work, and owed plaintiffs a debt of $1,586.49. In order to pay that they gave plaintiffs an order on Chapline, dated October 5, 1882, directing him to pay over to plaintiffs any sum which might be due them from defendant, for any kind of work done on the railroad, and advising him that plaintiffs would receipt for the same. On presentation of this order, on the 18th of October, defendant endorsed on it a conditional…
2Cases cited3 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Emerson v. SlaterSupreme Court of the United States · 1860
- Corn v. SimsCourt of Appeals of Kentucky · 1860
3Cited by14 opinions
- Gale v. HarpSupreme Court of Arkansas · 1897
- Jonesboro Hardware Co. v. Western Tie & Timber Co.Supreme Court of Arkansas · 1918
- Burns v. YocumSupreme Court of Arkansas · 1906
- State v. BeattySupreme Court of Kansas · 1891
- Voris v. Star City Building & Loan Ass'nIndiana Court of Appeals · 1898
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