Chicago Crayon Co. v. Choate
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; The court erred m giving a peremptory instruction to the jury to find for the defendants.
Read the full summary
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; The court erred m giving a peremptory instruction to the jury to find for the defendants. Where there is any evidence tending to establish an issue, it is error to take the case from the jury. 63 Ark. 94; 77 Ark. 556. The appeal should be dismissed because no exceptions were saved in the trial court to errors complained of. 41 Ark. 535; 44 Ark. 103; 50 Ark. 348; 51 Ark. 324; Id. 140; 52 Ark. 180; 55 Ark. 547; 59 Ark. 115; 61 Ark. 515; 62 Ark. 262; Id. 543; 70 Ark. 197.
1Opinion of the CourtFrauenthal, J.
This is an action brought by the Chicago Crayon Company to recover a balance alleged to be due upon an account. The plaintiff is a corporation, domiciled in the State of Illinois, and is engaged in the business of enlarging portraits and selling frames. The defendant, J. J. Choate, was employed by it to deliver the portraits and frames to purchasers, and to collect for the same. The suit was commenced before a justice of the peace by filing a complaint in which it was alleged that said defendant had entered into a written contract with plaintiff, under the terms of which he agreed to deliver…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Boone v. GoodlettSupreme Court of Arkansas · 1903
3Cited by9 opinions
- Finley v. PewWyoming Supreme Court · 1922
- Hales & Hunter Co. v. WyattSupreme Court of Arkansas · 1965
- Clarke v. John WanamakerSupreme Court of Arkansas · 1931
- Dillon v. HawkinsSupreme Court of Arkansas · 1921
- McWater v. EboneSupreme Court of Arkansas · 1961
4 more not listed; retrieve them via the Exa API.