McCarroll v. Red Diamond Clothing Co.
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Danville District; Hugh Basham, Judge; STATE!'ENT BY THE COURT. Appellant, who w.as at the time a travelling salesman for appellee, receiving commissions on orders taken and accepted, took an order from the Centerville Mercantile Company, in September, 1908, for a bill of goods amounting to $118.05. Appellee, upon receipt of the order, notified its salesman that it would not be filled, because of the financial condition of said company,…
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Appeal from Yell Circuit Court, Danville District; Hugh Basham, Judge; STATE!'ENT BY THE COURT. Appellant, who w.as at the time a travelling salesman for appellee, receiving commissions on orders taken and accepted, took an order from the Centerville Mercantile Company, in September, 1908, for a bill of goods amounting to $118.05. Appellee, upon receipt of the order, notified its salesman that it would not be filled, because of the financial condition of said company, whereupon he wrote to them, stating he knew the company had been slow in the payment of its bills and setting out the good…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that he had no notice of the acceptance of his indorsement by the appellee company and the shipment of goods upon it, and on that account did not become liable thereon, and that appellee was negligent in proceeding to collect the debt from the insolvent company.
If appellee’s letter be construed as but an offer of indorsement or a conditional guaranty, it would have been necessary to notify him of its acceptance, or the conditions must have been performed by appellee company in order to fix his liability thereon, but such is not the case.…
2Cited by9 opinions
- Wood v. Canfield Paper Co.Texas Supreme Court · 1928
- Austin v. Guaranty State Bank of CopperasCourt of Appeals of Texas · 1927
- Galbraith v. Shores-Mueller Co.Court of Appeals of Kentucky · 1918
- Smith v. Cummer Mfg. Co. of TexasCourt of Appeals of Texas · 1920
- Bank of Blaine v. HanshawCourt of Appeals of Kentucky (pre-1976) · 1934
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