Durr v. Hervey
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. Hon. C. E. Mitchel, Circuit Judge. 1. To sustain the attachment under section 388 Gantt’s Digest, subcl. 6, it is necessary to show actual fraud or fraudulent intent. {40 Ark., 157; 18 La., 367.) The clause, when construed according to its spirit and meaning, does not cover and include articles of commerce, purchased for market outside of the State, when transported in due and honest course of trade, without fraud or fraudulent intent. lb…
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APPEAL from Hempstead Circuit Court. Hon. C. E. Mitchel, Circuit Judge. 1. To sustain the attachment under section 388 Gantt’s Digest, subcl. 6, it is necessary to show actual fraud or fraudulent intent. {40 Ark., 157; 18 La., 367.) The clause, when construed according to its spirit and meaning, does not cover and include articles of commerce, purchased for market outside of the State, when transported in due and honest course of trade, without fraud or fraudulent intent. lb , supra. 2. The cotton was held as a pledge by Hicks for his debt against Durr, for its purchase money, thus creating a…
1Opinion of the CourtSmith, J.
Hervey recovered a judgment against Durr upon a promissory note. At the commencement of the action he sued out an attachment, which was levied upon eighteen bales of cotton as the property of the defendant in the writ. The ground of the attachment was that Durr was about to remove, or had removed his property, or a material part thereof, out of this State without leaving enough therein to satisfy his creditors. The Circuit Court sustained the attachment upon proof that Durr was a resident of this State, that he tvas insolvent, that he had frequently, in the course of his business, shipped…
2Cases cited5 opinions
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Yenni v. . McNameeNew York Court of Appeals · 1871
- Broadwell v. HowardIllinois Supreme Court · 1875
- Sherrill v. FaySupreme Court of Iowa · 1862
- Branch of the State Bank of Iowa v. WhiteSupreme Court of Iowa · 1861
3Cited by4 opinions
- Stamford Compress Co. v. Farmers' & Merchants' Nat. BankTexas Supreme Court · 1912
- Cate-Lanieve Company v. PlantSupreme Court of Arkansas · 1926
- Northrop v. First National BankAppellate Court of Illinois · 1888
- Bank of Newport v. HirschSupreme Court of Arkansas · 1894