Perkins v. Ewan
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. James S. Thomas, Judge. STATEMENT BY THE COURT. This is an action upon an indemnifying bond. One Henry Goldman was the owner of a stock of goods worth from three to five thousand dollars. Goldman was indebted to the plaintiffs, J. E. Perkins et al., in sums aggregating over seven thousand dollars. To secure this indebtedness, he gave them a mortgage upon his stock of goods, and put them in possession of the same.
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Appeal from Monroe Circuit Court. James S. Thomas, Judge. STATEMENT BY THE COURT. This is an action upon an indemnifying bond. One Henry Goldman was the owner of a stock of goods worth from three to five thousand dollars. Goldman was indebted to the plaintiffs, J. E. Perkins et al., in sums aggregating over seven thousand dollars. To secure this indebtedness, he gave them a mortgage upon his stock of goods, and put them in possession of the same. Goldman was also indebted to other parties in large amounts, and certain of these parties brought suits against him in the Monroe circuit court, and…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This was an action upon an indemnifying bond to recover damages for the unlawful seizure and conversion of goods. It is admitted that the defendants, in an action against one Goldman, caused the goods of plaintiffs to be seized and sold, but the defense is that plaintiffs have received the full value of such goods, less the costs of selling the same, and that this is all to which they are entitled. But we feel very confident that this contention can not be. sustained. The goods of plaintiffs were wrongfully seized and sold, and they are entitled to…
2Cited by6 opinions
- Hamburg Bank v. GeorgeSupreme Court of Arkansas · 1909
- Gentry v. Little Rock Road MacHinery Co.Supreme Court of Arkansas · 1960
- United States v. BartholomewDistrict Court, W.D. Arkansas · 1956
- Strimling v. Union Indemnity Co.Supreme Court of Minnesota · 1928
- Harrison v. FulkSupreme Court of Arkansas · 1917
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