Merchants & Planters Bank v. Meyer
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court in Chancery. 1. There was no conversion by the Hammett Grocer Company. It is apparent that appellee knew., or could have known, that the Hammett Warehouse Company was selling the cotton and placing the proceeds in a solvent bank to the credit of Ritchie & Fitzhugh; he did not warn Howell or the company, or demand the proceeds, but stood by without objection, and hence is estopped.
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Appeal from Jefferson Circuit Court in Chancery. 1. There was no conversion by the Hammett Grocer Company. It is apparent that appellee knew., or could have known, that the Hammett Warehouse Company was selling the cotton and placing the proceeds in a solvent bank to the credit of Ritchie & Fitzhugh; he did not warn Howell or the company, or demand the proceeds, but stood by without objection, and hence is estopped. Bigelow on Estoppel (2d ed.), 452 ; 2 Johns. 573; 31 Ark. 131; Jones, Liens, sec. 583; 95 111. 346. 2. The Hammett Warehouse Company was sued, and without evidence the judgment…
1Opinion of the CourtBaTTEE, J.
Victor Meyer brought this action against Ritchie & Fitzhugh, the Merchants & Planters Bank, and the Hammett Warehouse Company, in the the Jefferson circuit court, on the equity side thereof, to recover the amount due to him for the rent of a plantation for the year 1889.
The main facts in the case are as follows : Meyer, being the owner of the plantation in Jefferson county known as the “ Corinne Place,” leased the same for the year 1889 to Ritchie & Fitzhugh for $1400, for which they executed their note to him, and thereby promised to pay the same on the first day of 'November, 1889, at the…
2Cases cited38 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Pease v. . SmithNew York Court of Appeals · 1875
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Spraights v. . HawleyNew York Court of Appeals · 1868
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3Cited by26 opinions
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- Dekle v. CalhounSupreme Court of Florida · 1910
- J. T. Fargason Co. v. FurstCourt of Appeals for the Eighth Circuit · 1923
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