Adler-Goldman Commission Co. v. Phillips
Supreme Court of Arkansas
Appeal from Independence Circuit Court. James W. Butler, Judge. 1. The interplea should have been transferred to the chancery docket with the rest of the case. 2. The deed was plainly intended as an assignment. 54 Ark. 430; id. 6. The provision that on payment it. is “to become void, and all of said property to revest in the grantors,” does not affect the question.
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Appeal from Independence Circuit Court. James W. Butler, Judge. 1. The interplea should have been transferred to the chancery docket with the rest of the case. 2. The deed was plainly intended as an assignment. 54 Ark. 430; id. 6. The provision that on payment it. is “to become void, and all of said property to revest in the grantors,” does not affect the question. Burrill, Assignments, p. 695, appendix sec. 2, (6 Bd.) As the law would imply a condition of that sort, its insertion does not change the quality of the instrument. 18 Ark. 123; Brown, Leg. Max. sec. 519; 59 Ark. 278. See also 58…
1Opinion of the CourtBattle, J.
Adler-Goldman Commission Company commenced an action against Charles Bloom, Ben Bloom, and Morris Bloom, partners doing business under the name and style of Bloom Bros, and C. Bloom & Co., on two notes and an open account, and sued out an order of attachment, and caused the same to be levied on certain property.
Joseph W. Phillips filed his complaint in the case, and claimed the property under the following instrument:
“This indenture, made and entered into by and between Charles Bloom, Ben Bloom and Morris Bloom, partners as C. Bloom & Co., parties of the first part, Joseph W. Phillips, party…
2Cases cited9 opinions
- Richmond v. Mississippi MillsSupreme Court of Arkansas · 1889
- Smith v. CraftSupreme Court of the United States · 1887
- Robson v. TomlinsonSupreme Court of Arkansas · 1891
- Martin v. OgdenSupreme Court of Arkansas · 1883
- Wilcoxon v. AnnesleyIndiana Supreme Court · 1864
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3Cited by2 opinions
- Crowder v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1914
- In re HawksDistrict Court, D. Kansas · 1913