Bray Clothing Co. v. McKinney
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court; Henry W. Wells, Judge; 1. There is postitive testimony that the goods were delivered to the carrier directed to the appellee at Rison, Ark., and none to the contrary.
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Appeal from Cleveland Circuit Court; Henry W. Wells, Judge; 1. There is postitive testimony that the goods were delivered to the carrier directed to the appellee at Rison, Ark., and none to the contrary. Delivery to the carrier is delivery to the consignee. 53 Ark. 196. 2. The second instruction is erroneous in assuming that no invoices of the goods were sent, and because it is in conflict with the first instruction. 25 S. W. 505; 71 Ark. 38; 59 Ark. 98. ■ Since appellee did not order the goods, except the quantity for which he received invoice and for which he paid, delivery to the carrier…
1Opinion of the CourtKrauenthal, J.
The plaintiff, the Bray Clothing Company, is a mercantile corporation located at Louisville, Ky.; and the defendant is a merchant doing business at Rison, Ark. The plaintiff instituted this suit against defendant by filing an account with a justice of the peace for a balance which it claimed that defendant owed it for goods sold and delivered to defendant. Upon the trial in the court of the justice of the peace, a judgment was rendered in favor of the defendant, from which the plaintiff appealed to the circuit court; and on the trial de novo in that court a verdict was returned in favor of…
2Cases cited5 opinions
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Koch v. KimberlingSupreme Court of Arkansas · 1892
- Hope Lumber Co. v. Foster & Logan Hardware Co.Supreme Court of Arkansas · 1890
- May v. DyerSupreme Court of Arkansas · 1893
- Mine LaMotte Lead & Smelting Co. v. Consolidated Anthracite Coal Co.Supreme Court of Arkansas · 1907
3Cited by5 opinions
- Roberts Cotton Oil Co. v. GradySupreme Court of Arkansas · 1912
- Georgia Marble Finishing Works v. MinorSupreme Court of Arkansas · 1917
- Earl v. EllisonSupreme Court of Arkansas · 1919
- Sledge & Norfleet Co. v. HughesSupreme Court of Arkansas · 1923
- Jaggers v. GrahamSupreme Court of Arkansas · 1917