Adler-Goldman Commission Co. v. People's Bank
Supreme Court of Arkansas
Appeal from White Chancery Court. Thomas B. Martin, Chancellor. Where a party has his election between two inconsistent modes of procedure, his choice of either mode estops him from subsequently pursuing the other one. Appellant has elected to treat the assignment in this case as void; hence he cannot now be heard to claim under its terms. Big. Est. (5 Ed.) 673; 30 Ark. 453; 32 Ark. 346; 47 Ark. 320; 53 Ark. 513; Burrill, Assign.
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Appeal from White Chancery Court. Thomas B. Martin, Chancellor. Where a party has his election between two inconsistent modes of procedure, his choice of either mode estops him from subsequently pursuing the other one. Appellant has elected to treat the assignment in this case as void; hence he cannot now be heard to claim under its terms. Big. Est. (5 Ed.) 673; 30 Ark. 453; 32 Ark. 346; 47 Ark. 320; 53 Ark. 513; Burrill, Assign. (6 Ed.) § 384; 10 N. EL. 108-111; 43 N. H. 421; 43 Mo. 583; 11 Wheat. 78; 2 Heisk. 41; 17 S. W. 1030; 33 Pa. St. 40; 101 Pa. St. 474; 104 Pa. St. 351; 111 Mass. 272;…
1Opinion of the CourtBattle, J.
On the 2d day of January, 1895, A. F. Smith made an assignment of all his property to A. W. Yarnell for the purpose of securing, in the order named, the following creditors: First, the People’s Bank; second, J. C. Caldwell and J. M. Crabtree; third, the Adler-Goldman Commission Company, the amount of whose debt exceeded the value of the property assigned; and fourth, all other creditors.
Rice, Stix & Co., unpreferred creditors of Smith, caused the property assigned to be attached to secure their debt, and thereupon the People’s Bank, Caldwell, and Crabtree sued out orders of attachment, and…
2Cases cited5 opinions
- Frierson v. BranchSupreme Court of Arkansas · 1875
- O'Bryan Bros. v. Glenn Bros.Tennessee Supreme Court · 1892
- Valentine v. DeckerSupreme Court of Missouri · 1869
- Farquharson v. McDonaldTennessee Supreme Court · 1871
- Leinkauff & Strauss v. Forcheimer & Co.Supreme Court of Alabama · 1888
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- First Nat. Bank of Blanchard v. RichburgSupreme Court of Oklahoma · 1919
- Kerslake v. Brower Lumber Co.Oregon Supreme Court · 1901
- H. B. Claflin Co. v. BretzfelderSupreme Court of Arkansas · 1901
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