Bard v. Van Etten
Supreme Court of Arkansas
Appeal from Greene Circuit Court. Felix G. Taylor, Judge. John Bard sued G. B. Meiser, administrator of Gib Ford, deceased, and G. H. Van Etten Company, a partnership composed of G. H. Van Etten and D. S. Waters. It was agreed at the trial that “this action is brought and based on account for work and labor done by plaintiff in hauling shingles for Gib Ford, deceased, under said Ford’s direction and employment.
Read the full summary
Appeal from Greene Circuit Court. Felix G. Taylor, Judge. John Bard sued G. B. Meiser, administrator of Gib Ford, deceased, and G. H. Van Etten Company, a partnership composed of G. H. Van Etten and D. S. Waters. It was agreed at the trial that “this action is brought and based on account for work and labor done by plaintiff in hauling shingles for Gib Ford, deceased, under said Ford’s direction and employment. The amount of said account is $204.85. The shingles attached in this action and sought to be subjected to sale by plaintiff under the lien act of the state of Arkansas were sold by…
1Opinion of the CourtBattue, J.
Gib Ford sold the shingles in controversy to G. H. Van Etten Company. At the time of the sale John Bard held a laborer’s lien on the shingles for $126.95, the amount Ford owed him for work and labor performed in their production. This fact seems to be conceded. But it is contended that the Van Etten Company purchased without notice of the lien, and therefore is not affected by it. This is not true. Bard did not lose his lien by the sale. Van Etten Company paid the entire purchase money by crediting Ford with the same on his previous indebtedness to it. It was not a bona fide purchaser, and…
2Cases cited2 opinions
- Jetton v. TobeySupreme Court of Arkansas · 1896
- Pape v. StewardSupreme Court of Arkansas · 1901
3Cited by1 opinion
- Stout Lumber Co. v. GreenSupreme Court of Arkansas · 1927