Brown v. Brown
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; The decree foreclosing the mortgage against the homestead was erroneous. Mandelbaum in dealing with Stevenson was bound to inquire into the nature and extent of his authority. 62 Ark. 33; 19 Am. Dec. 94. Moreover, he was put on notice by Stevenson’s own statement that he, Mandelbaum, was not surrendering the shares of stock for the benefit of appellant.
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; The decree foreclosing the mortgage against the homestead was erroneous. Mandelbaum in dealing with Stevenson was bound to inquire into the nature and extent of his authority. 62 Ark. 33; 19 Am. Dec. 94. Moreover, he was put on notice by Stevenson’s own statement that he, Mandelbaum, was not surrendering the shares of stock for the benefit of appellant. Steele on Agency, § 82; 53 Ark. 135; 79 Ark. 401. Appellee is not in the position of an innocent purchaser without notice, 'because Mandelbaum, her agent, it is clearly shown,…
1Opinion of the CourtHart, J.
Lillian G. Brown purchased a stock of goods from Belle Brown in the city of Little Rock, Arkansas, and for part of the purchase money executed the following instrument of writing:
“Little Rock, Ark., June 22, 1908.
“One month after date, for value. received, I promise to pay to Mrs. Belle Brown the sum of $50 or more, and on each and every succeeding .month thereafter the sum of $50 or more, until the full consideration for which this note is given, $4,600, with interest from date at the rate of 8 per cent, per annum, is paid in full; payable without defalcation or discount. The maker and…
2Cases cited1 opinion
- Jacoway v. Insurance Co.Supreme Court of Arkansas · 1887
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- Security Life Insurance Co. of America v. BatesSupreme Court of Arkansas · 1920
- Chalmers & Son v. BowenSupreme Court of Arkansas · 1914
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