Legal Opinion · Dissent

Julian James Stores, Inc. v. Bennett

Supreme Court of Arkansas

Decided March 29, 1971No. 5-5509Published

1DissentJohn A. Fogleman, Justice

I respectfully dissent because I think the court has capriciously pierced the corporate veil in holding that the evidence showed that Julian James had the authority to employ a real estate agent to sell corporate assets. I humbly submit that the case cited constitutes no authority for the majority’s position. In that case (Security Bank & Trust Co. v. Warren Light & Water Co., 170 Ark. 50, 278 S. W. 643), the evidence showed that one individual, S. R. Morgan, controlled and directed the affairs of the corporation, and the officers of the corporation obeyed his orders. Morgan handled the funds…

2Cases cited2 opinions

  1. Bodcaw Oil Co. v. Atlantic Refining Co.Supreme Court of Arkansas · 1950
  2. Security Bank & Trust Co. v. Warren Light & Water Co.Supreme Court of Arkansas · 1925

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