Ritchie v. Bluff City Lumber Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT by the court. This action was brought by the Bluff City Lumber Company against George W. Ritchie to recover money claimed to have been advanced by it to him.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT by the court. This action was brought by the Bluff City Lumber Company against George W. Ritchie to recover money claimed to have been advanced by it to him. The facts adduced by appellant are as follows: Prior to February 24, 1903, appellant was in the employ of appellee as a sales manager at a salary of $175.00 per month, and in addition had been loaned several thousand dollars by appellee without interest. On that day he tendered his resignation to John F. Rutherford, who was the vice-president, general manager and…
1Opinion of the Court
Hart, J.,
(after stating the facts). The rule is well settled that when a person, without mistake of fact or fraud, duress, coercion, or extortion, pays money on a demand which is not enforceable against him, the payment is deemed voluntary, and can not be recovered. Larrimer v. Murphy, 72 Ark. 555; LaFayette v. Merchants’ Bank, 73 Ark. 565; Vick v. Shinn, 49 Ark. 70; 22 Am. & Eng. Enc. of Raw, (2d Ed.), 609.
Appellant invokes the application of this doctrine in the present case as a ground for reversal. The undisputed testimony shows that appellant received certain advancements from time to…
2Cases cited1 opinion
- Vick v. ShinnSupreme Court of Arkansas · 1886
3Cited by12 opinions
- Curtis Lumber Co., Inc. v. Louisiana Pacific Corp.Court of Appeals for the Eighth Circuit · 2010
- Crittenden County v. WillifordSupreme Court of Arkansas · 1984
- Vick Consolidated School District No. 21 v. NewSupreme Court of Arkansas · 1945
- Boswell v. GillettSupreme Court of Arkansas · 1956
- Maryland Casualty Co. v. Little Rock Railway & Electric Co.Supreme Court of Arkansas · 1909
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