Baker-McGrew Co. v. Union Seed & Fertilizer Co.
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; C. D. Frierson, Chancellor; STATEMENT BY THE COURT. Baker & McGrew, a partnership, composed of R. L. Baker and W. R. McGrew, was engaged in a general mercantile business and operated a cotton gin at Success,' in Clay County, until February 1, 1912. On that date, a stock company composed of R. L. Baker and W. R. McGrew, and seven others, was organized, with a capital stock of -$20,000, $13,500 of which was paid in.
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Appeal from Clay Chancery Court, Western District; C. D. Frierson, Chancellor; STATEMENT BY THE COURT. Baker & McGrew, a partnership, composed of R. L. Baker and W. R. McGrew, was engaged in a general mercantile business and operated a cotton gin at Success,' in Clay County, until February 1, 1912. On that date, a stock company composed of R. L. Baker and W. R. McGrew, and seven others, was organized, with a capital stock of -$20,000, $13,500 of which was paid in. It was called Baker-McGrew Company and took over the mercantile business, but not the cotton gin formerly owned and operated by…
1Opinion of the CourtKirby, J.
(after stating the facts). It is contended by appellant that there is no showing of any ground of estoppel of it to recover the proceeds of the seed shipped by it to appellee company, nor authorizing the appropriation of the price thereof by said seed company to the payment of its debt against Baker and MeGrew, but the majority do not agree with this contention.
It is true that the seed company did not pay any more than the market pribe for the cotton seed purchased, but it claims that because of the dullness and inactivity in the market of its products that it would not have purchased the…
2Cases cited8 opinions
- Jowers v. PhelpsSupreme Court of Arkansas · 1878
- Garnett v. RichardsonSupreme Court of Arkansas · 1879
- Graham v. ThompsonSupreme Court of Arkansas · 1892
- Rhodes v. CisselSupreme Court of Arkansas · 1907
- Jett v. CrittendenSupreme Court of Arkansas · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCamey v. Hollister Oil Co.Court of Appeals of Texas · 1922
- Cone v. SmithLouisiana Court of Appeal · 1954
- Darling v. BuddySupreme Court of Missouri · 1927
- Betts v. HackathornSupreme Court of Arkansas · 1923
- Haskell v. PattersonSupreme Court of Arkansas · 1924
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