Anderson & Co. v. Bowles
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. Hon. J. A. Williams, Circuit Judge. 1. The complaint is deficient in not stating that defendants consented to accept the cotton as bailees, or to act as plaintiff’s agent in the matter. (Chitty PL, 10th Am. ed., vol. 1, 'p. 884-) Nor does it contain sufficient averments to constitute a cause of action for money had and received. {36 Ark., 6767) Before there can be a bailment, there must be title and right to possession.
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APPEAL from Arkansas Circuit Court. Hon. J. A. Williams, Circuit Judge. 1. The complaint is deficient in not stating that defendants consented to accept the cotton as bailees, or to act as plaintiff’s agent in the matter. (Chitty PL, 10th Am. ed., vol. 1, 'p. 884-) Nor does it contain sufficient averments to constitute a cause of action for money had and received. {36 Ark., 6767) Before there can be a bailment, there must be title and right to possession. Plaintiffs had no title to the cotton, they only had a lien as landlords for the amount due from the sub-lessee to the original lessee. 2.…
1Opinion of the CourtSmith, J.
The complaint stated that the plaintiffs had leased to one Jack Crater, the Pleasants plantation, containing 150 acres, for the year 1881, the rent reserved being $950; that their said tenant sub-let a part of the premises to Richard Crater, and thirty-one acres of the same to the defendants, J. S. Anderson & Co., for $7 per acre; that their said tenant turned out and delivered to them six bales of cotton, of the value of $307.50, in payment of the rent, and they gave directions to him and his sub-lessee, Richard, to haul the cotton over to the defendants’ store, and directions to the…
2Cited by3 opinions
- Murphy v. MyarSupreme Court of Arkansas · 1910
- Hunter v. MatthewsSupreme Court of Arkansas · 1899
- Bottrell v. Farmers' Bank & Trust Co.Supreme Court of Arkansas · 1927