O. T. Dixon Printing & Stationery Co. v. Plank
Supreme Court of Arkansas
Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. The judgment of the circuit court is not supported by the evidence. The funds paid into court were paid to the bank to the credit of appellant, pursuant to its contract with Cloe and Peeler, with express directions when said funds were paid over. The funds belonged to appellant, and there, is no testimony to show that appellant owed anything to either of the appellees.
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Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. The judgment of the circuit court is not supported by the evidence. The funds paid into court were paid to the bank to the credit of appellant, pursuant to its contract with Cloe and Peeler, with express directions when said funds were paid over. The funds belonged to appellant, and there, is no testimony to show that appellant owed anything to either of the appellees. If appellant is liable to the Harper Directory Company at all, the appellees pursued the wrong remedy. All the evidence shows that the directories and contracts were…
1Opinion of the CourtMcCulloch, C. J.
The facts are as follows: The Harper Directory Company was engaged in the business of publishing and circulating directories of cities and towns. That concern was unincorporated, and there is a conflict in the testimony as to what individuals comprised or were interested in the concern. Appellant’s testimony was to the effect that T. M. Harper was the sole individual interested in the concern. The testimony of appellees tended to show that it was a partnership composed of T. M. Harper, O. T. Dixon and Mrs. Harper. The. Harper Directory -Company published a directory of the city of Rogers in…
2Cases cited3 opinions
- Arbie v. JonesSupreme Court of Arkansas · 1907
- Jones v. TerrySupreme Court of Arkansas · 1884
- Townsly-Myrick Dry Goods Co. v. FullerSupreme Court of Arkansas · 1893
3Cited by3 opinions
- Miller v. BrownSupreme Court of Arkansas · 1926
- Carroll v. WaddellSupreme Court of Arkansas · 1929
- Scurlock v. ElliottSupreme Court of Arkansas · 1954