Walnut Ridge Mercantile Co. v. Cohn
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Frederick D. Fulkerson, Judg'e; STATEMENT BY THE COURT. I. Less was the vice-president and general manager of the Walnut Ridge Mercantile Company, a corporation doing business ip Walnut Ridge, Arkansas. In 1903, acting for the Mercantile Company, he made a contract for the sale of a certain quantity of middling cotton to R. Cohn, of Memphis, Tenn., at 9cents per pound.
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Appeal from Lawrence Circuit Court; Frederick D. Fulkerson, Judg'e; STATEMENT BY THE COURT. I. Less was the vice-president and general manager of the Walnut Ridge Mercantile Company, a corporation doing business ip Walnut Ridge, Arkansas. In 1903, acting for the Mercantile Company, he made a contract for the sale of a certain quantity of middling cotton to R. Cohn, of Memphis, Tenn., at 9cents per pound. The Mercantile Company afterwards delivered to Cohn 34 bales of cotton, but refused to deliver more. Cohn brought this action against the Mercantile Company to recover damages for breach of…
1Opinion
ON REHEARING.
Riddick, J.
There is only one point on which we feel doubtful as to the correctness of our former decision in this case, and that is whether it was competent for the plaintiff to introduce the receipted bill of Stuart, Gwynne & Company as evidence of the fact that plaintiff had paid 11cents per pound for the 66 bales of cotton purchased by him from that firm. In holding, as we did in the former opinion, that this receipted bill was competent evidence of the fact of payment, we followed the law as stated in Greenleaf on Evidence, and as decided in the following cases referred to in…
2Cases cited4 opinions
- Sherman v. CrosbyNew York Supreme Court · 1814
- Ferris v. BoxellSupreme Court of Minnesota · 1885
- Silverstein v. O'BrienMassachusetts Supreme Judicial Court · 1896
- Reed v. RiceSupreme Court of Vermont · 1853