Bridgeford & Co. v. Adams
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. 1st. The goods still being in the hands of the assignee, and ■capable of identification, appellant had, by virtue of the act, March 9, 1877, a statutory lien upon them, which could not be ■defeated except by the purchase of the goods by a purchaser for value, which the assignee was not. Act, March p, i8jj; Washburn on Real Estate, Vol. II, p. jó.
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APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. 1st. The goods still being in the hands of the assignee, and ■capable of identification, appellant had, by virtue of the act, March 9, 1877, a statutory lien upon them, which could not be ■defeated except by the purchase of the goods by a purchaser for value, which the assignee was not. Act, March p, i8jj; Washburn on Real Estate, Vol. II, p. jó. That the assignee is not a purchaser for value is clear. 4 Whar. {Penn.) 500; ij Wend., 570; 5 Cowen, 555/ 20 John., 6jp; 11 Sarg. & R., jyy; j Rawle, ijp; 4 Paige, 215; 18 Iowa…
1Opinion of the CourtEakin, J.
Davis & Ketcher, were a firm of hardware merchants in Little Rock. On the 26th of February, 1884, Jno.D. Adams filed this bill against them and other parties, alleging: That being in failing circumstances, they had assigned their stock of merchandise, fixtures, notes, accounts, etc., to J. S. Whiting, in trust, to sell and apply the proceeds to their liabilities, in the following order:
1st. A debt of $4,000, owing the Exchange Bank of Little Rock.
2d. A debt of $3,000, owing the Merchants National Bank, of Little Rock.
3d. Certain other indebtedness described in the deed, owing to S. E. Davis…
2Cited by11 opinions
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- In re WellsDistrict Court, W.D. Arkansas · 1900
- Olson v. Moody, Knight & Lewis, Inc.Supreme Court of Arkansas · 1922
- In re DurhamDistrict Court, E.D. Arkansas · 1900
- Roach v. JohnsonSupreme Court of Arkansas · 1903
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