Jacobs v. Bentley
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. The transitas is not ended until the goods have come into the vendee’s actual possession, or into that of his authorized agent. 43 Ark. 172. Appellant’s right to rescind the sale could be exercised as well because of Seay’s death as because of insolvency. 3 L,. R. A. 647; 3 Pac. 396; 19 N. W. 410. 2. Atkins was a non-resident of this State, and could not serve as an administrator here; but, if 'competent to serve,…
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. The transitas is not ended until the goods have come into the vendee’s actual possession, or into that of his authorized agent. 43 Ark. 172. Appellant’s right to rescind the sale could be exercised as well because of Seay’s death as because of insolvency. 3 L,. R. A. 647; 3 Pac. 396; 19 N. W. 410. 2. Atkins was a non-resident of this State, and could not serve as an administrator here; but, if 'competent to serve, there was no authority of law for Renfro’s subscribing Atkins’s name to the affidavit and petition for appointment. The…
1Opinion of the CourtHill, C. J.
John Seay was a liquor dealer at Indian Bay, Monroe County, where he died on the night-of the 31st of August, 1903, intestate, leaving personal property at that place. On the 20th of August he had bought a bill of liquors of the appellants, Jacobs & Garrett, liquor merchants of Memphis, Tenn., and they shipped the goods in due course of business, routed to Clarendon, Ark., where they were delivered by the agent of the railroad company, who had authority for that purpose from Seay, to a steamer plying on White Fiver, and were carried by the steamer to Indian Bay. They were delivered to the…
2Cases cited3 opinions
- Hare v. ShawSupreme Court of Arkansas · 1907
- Mason v. WilsonSupreme Court of Arkansas · 1884
- Blass v. HoodSupreme Court of Arkansas · 1892
3Cited by3 opinions
- Berkeley Pump Co. v. Reed-Joseph Land Co.Supreme Court of Arkansas · 1983
- Lincoln Trust Co. v. Gaddis & Perry Co.Arizona Supreme Court · 1914
- Berkeley Pump Co. v. Reed-Joseph Land Co.Supreme Court of Arkansas · 1983