Adams v. Virginia-Carolina Chemical Co.
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; C. W. Smith, Judge; 1. We deny all liability on the notes because (1) the fertilizer was worthless and of no commercial value. (2)- The fertilizer sacks were not tagged nor inspected by the commissioner of agriculture or any of his inspectors as required by law.
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Appeal from Calhoun Circuit Court; C. W. Smith, Judge; 1. We deny all liability on the notes because (1) the fertilizer was worthless and of no commercial value. (2)- The fertilizer sacks were not tagged nor inspected by the commissioner of agriculture or any of his inspectors as required by law. Acts of 1913, No. 183. The court erred in refusing defendant’s instruction No. 1 and in giving plaintiff’s instructions Nos. 2 and 3. Act 183, supra, is in all respects like Act 398, Acts of 1907, p. 995, which was construed in 105 Ark. 672, where it was held that it was a good defense that the…
1Opinion of the CourtSmith, J.
Appellee was the plaintiff below, and brought suit against appellant upon three promissory, notes aggregating $530,00. The execution and nonpayment of the notes was admitted, but liability thereon was denied upon two grounds. The first of these grounds was that the notes were given in payment of a consignment of fertilizer which was worthless and of no commercial value, and the second ground was that the sacks of fertilizer were not tagged or inspected by the commissioner of agriculture or by any of his inspectors, as the laws of this State direct.
The first question was submitted to the jury…
2Cases cited1 opinion
- Florence Cotton Oil Co. v. AnglinSupreme Court of Arkansas · 1912