Western Coal & Mining Co. v. Hollenbeck
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery. Styles T. Rowe, Judge. To authorize set-off, debts must be mutual. 27 Ark. 478; 23 Ark. 333; 7 Ark. 333; 7 Ark. 520. It was error to allow an individual indebtedness to be set-off against a firm indebtedness. The evidence does not sustain the theory that appellee owned the claim, or that appellant was indebted to appellee. Appellant failed to except to Hollenbeck’s deposition, as required by law.
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Appeal from Sebastian Circuit Court in Chancery. Styles T. Rowe, Judge. To authorize set-off, debts must be mutual. 27 Ark. 478; 23 Ark. 333; 7 Ark. 333; 7 Ark. 520. It was error to allow an individual indebtedness to be set-off against a firm indebtedness. The evidence does not sustain the theory that appellee owned the claim, or that appellant was indebted to appellee. Appellant failed to except to Hollenbeck’s deposition, as required by law. Sand. & H. Dig., § 3011. By going to trial without objection, any question of parties was waived. Cf. 46 Ark. 420. The debt was shown to be valid. 2…
1Opinion of the CourtBunn, C. J.
This is a suit on account by the Western Coal & Mining Company against E. A. Hollenbeck in the circuit court of the Greenwood district of Sebastian county originally, and on change of venue to the Fort Smith district of said county.
The defendant answered, presenting set-offs, and asked that the cause be transferred to the chancery docket, which was accordingly done. On the hearing, it was, in effect, admitted that the sum of $855.45 was owing to the plaintiff, and that the defendant was entitled to set-offs amounting to the sum of $350.54, plus $25 (the rent of the Hunt place) = $375.54,…
2Cases cited3 opinions
- Lemay v. JohnsonSupreme Court of Arkansas · 1879
- Houston v. BrownSupreme Court of Arkansas · 1861
- Collier v. DyerSupreme Court of Arkansas · 1872
3Cited by10 opinions
- United States Ex Rel. Magnolia Petroleum Co. v. H. R. Henderson & Co.District Court, W.D. Arkansas · 1955
- Bank of Crab Orchard v. MyersNebraska Supreme Court · 1930
- Bank of Anderson v. AllenSupreme Court of South Carolina · 1928
- Feldstein v. FeldsteinSupreme Court of Arkansas · 1945
- Bradley v. HollimanSupreme Court of Arkansas · 1918
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