Scharff Distilling Co. v. Dennis
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BT THE COURT. E. K.. Lyman, in January, 1913, was engaged in the retail liquor business in Mena. He bought a large part of his stock from the appellant, and on the 6th of May, 1913, he was indebted to appellant in the sum of $733.89. Appellant sent its agent to Mena to collect this balance due on account.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BT THE COURT. E. K.. Lyman, in January, 1913, was engaged in the retail liquor business in Mena. He bought a large part of his stock from the appellant, and on the 6th of May, 1913, he was indebted to appellant in the sum of $733.89. Appellant sent its agent to Mena to collect this balance due on account. Appellant’s agent saw Lyman on the 6th of May, and Lj^man told him that he was in trouble and did not have the money to pay him, but he said: “I have got your goods there.” They agreed that plaintiff should have the goods…
1Opinion of the Court
ANood, J.,
(after stating the facts). After setting aside the verdict, which was in favor of the appellant (plaintiff below), the court erred in entering judgment, notwithstanding the verdict, in favor of the appellee. There is nothing on the face of the pleadings to warrant the court in rendering a judgment in appellee’s favor.
The appellant, who was the plaintiff below, claimed the property by an alleged sale and transfer of the same to it by Lyman, which it set up in its complaint, and in its reply denied the allegations of the appellee’s answer which challenged the appellant’s alleged right…
2Cases cited1 opinion
- Elgin v. BarkerSupreme Court of Arkansas · 1913
3Cited by13 opinions
- Fulbright v. PhippsSupreme Court of Arkansas · 1928
- Satterfield v. Rebsamen Ford, Inc.Supreme Court of Arkansas · 1972
- Stanton v. Arkansas Democrat Co.Supreme Court of Arkansas · 1937
- Reddell v. NortonSupreme Court of Arkansas · 1956
- Russell v. PryorSupreme Court of Arkansas · 1978
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