Shores-Mueller Co. v. Palmer
Supreme Court of Arkansas
' Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. It is obvious that both the agreements between Kindel and appellant and appellees had appellant were made and to be executed in Iowa, and the laws of that State, and not Arkansas, should govern this case. 134 Ark. 495. The law of the place governs, ' as interpreted by the courts of that State.
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' Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. It is obvious that both the agreements between Kindel and appellant and appellees had appellant were made and to be executed in Iowa, and the laws of that State, and not Arkansas, should govern this case. 134 Ark. 495. The law of the place governs, ' as interpreted by the courts of that State. Ib.; 44 Ark. 230; lb. 213; 47 Icl. 54; 126 Id. 14; 13 C. J. 250 and note 24; 110 Pa. 478; 1 Atl. 532. The obligation and effect of a guaranty executed in a State must be construed by the laws of that State. 3 Ark. 96; 6 Id. 442; 47 Id. 54.…
1Opinion of the Court
Hart, J.,
(after stating the facts). The court was right in dismissing the suit as to W. J. Palmer, John Palmer and W. B. Jarrett and wrong as to dismissing it against L. E. Kindel, as guardian of Walter Gr. Kindel, an insane person. In the first place it may be stated that appellant could sue appellees in one action and that the contract signed by W. J. Palmer, John Palmer and W. B. Jarrett was a contract of guaranty. Fluhart v. W. T. Rawleigh Co., 126 Ark. 307. These parties gave appellant notice in writing to bring suit at once against the principal debtor under sections 7921 and 7922 of…
2Cases cited7 opinions
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- Hall v. Equitable Surety Co.Supreme Court of Arkansas · 1917
- J. R. Watkins Medical Co. v. JohnsonSupreme Court of Arkansas · 1917
- Scales v. CoxIndiana Supreme Court · 1886
- Fluhart v. W. T. Rawleigh Co.Supreme Court of Arkansas · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anheuser-Busch, Inc. v. ManionSupreme Court of Arkansas · 1937
- St. Louis-San Francisco Railway Co. v. CoxSupreme Court of Arkansas · 1926
- Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928
- Madison County Farmers Ass'n v. American Employers' Ins. CoCourt of Appeals for the Eighth Circuit · 1954
- Chrestman v. KendallSupreme Court of Arkansas · 1969
7 more not listed; retrieve them via the Exa API.