McKelvey v. John Schaap & Sons Drug Co.
Supreme Court of Arkansas
Appeal from Benton Chancery Court; Ben F. McMahan, Chancellor; 1. Neither the original nor amended complaint stated a cause of action within the jurisdiction of the chancery court as a vendor of personal property has no lien thereon for the purchase money. 104 Ark. 130. 2. The court overruled the motion to strike.
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Appeal from Benton Chancery Court; Ben F. McMahan, Chancellor; 1. Neither the original nor amended complaint stated a cause of action within the jurisdiction of the chancery court as a vendor of personal property has no lien thereon for the purchase money. 104 Ark. 130. 2. The court overruled the motion to strike. It is error to permit an amendment which changes or sets forth a separate and distinct cause of action from that alleged in the original complaint. 102 Ark. 20; 85 Id. 246. 3. The cross bill of McKelvey should have been sustained. A fair preponderance of the evidence shows false…
1Opinion of the CourtMcCulloch, C. J.
Appellee has for many years been engaged in the wholesale drug business in the city of Fort Smith, and in the year 1914 it acquired by purchase at a sale made by trustee in bankruptcy a stock of goods and fixtures and other paraphernalia of the business in Rogers, Arkansas. The Rogers business was operated under the name of the Palace Drug Store, and appellee continued to so operate the business for a time until August 4, 1914, when it sold the business to appellant, A. A. McKelvey. The purchase price on the sale of the business in Rogers by appellee to McKelvey was the sum of $7,000, of…
2Cases cited6 opinions
- Stuart v. Elk Horn Bank & Trust Co.Supreme Court of Arkansas · 1916
- Coach v. GageOregon Supreme Court · 1914
- International Silver Co. v. Hull & Co.Supreme Court of Georgia · 1913
- Kasper v. Spokane Merchants' Ass'nWashington Supreme Court · 1915
- Heldman Clothing Co. v. OatesSupreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fischer v. Rio Tire Co.Texas Commission of Appeals · 1933
- Teague Bros., Inc. v. Martin & Bayley, Inc.Court of Appeals of Tennessee · 1987
- Griffin v. Puryear-Meyer Grocer Co.Supreme Court of Arkansas · 1941
- Hronik v. WartySupreme Court of Iowa · 1928
- Swafford v. KetchumSupreme Court of Arkansas · 1928
3 more not listed; retrieve them via the Exa API.