Hill v. Fellows
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Hon. C. Thrower, Special Judge. There was no fraud in the contract in this case; the contract between the plaintiff and Chase was a bona fide contract; the plaintiff advanced the money to purchase the articles replevied, and which were sold under an execution against Chase, who was in fact the owner of the property; on a-verdict for the defendant the judgment should have been for a return of the property and damages for the detention,’ so…
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Appeal from Ouachita Circuit Court. Hon. C. Thrower, Special Judge. There was no fraud in the contract in this case; the contract between the plaintiff and Chase was a bona fide contract; the plaintiff advanced the money to purchase the articles replevied, and which were sold under an execution against Chase, who was in fact the owner of the property; on a-verdict for the defendant the judgment should have been for a return of the property and damages for the detention,’ so that the plaintiff might have relieved himself by a return of the property; an election by the defendant, on a verdict…
1Opinion of the Court
Walker, C. J.,
This is an action of replevin, brought in the Ouachita circuit court, by James D. Hill, against Daniel W. Fellows, for various articles of merchandise, used for carriage making.
After the commencement of the action James D. Hill died, and the suit was revived in the name of the present plaintiff, Andrew J. Hill, his administrator. The defendant plead property in himself, upon which issue was taken, and the cause submitted to a jury, who, after having heard the evidence, returned a verdict for the defendant, and assessed his damages at $1,800. The plaintiff' moved for a new trial,…
2Cited by3 opinions
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