Bank of Newport v. Hirsch
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. James W. Butter, Judge. 1. If the receipts issued by the compress company were “warehouse receipts,” then the bank was the owner of the cotton. 31 Ark. 131; 44 id. 301; Acts 1887, sec. 7, p. 86; 29 Wis. 34. They were certainly warehouse receipts. No particular form is necessary. 1 Smith’s Bead. Cases, part 2d, 1223, 8th Am. ed.; 44 Ark. 306; 2 Dil. 284; 31 Ark. 131 ; 29 Wis. 482; 19 Oh. St. 419; 62 Miss. 86; 19 A. & E. Ene.
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Appeal from Jackson Circuit Court. James W. Butter, Judge. 1. If the receipts issued by the compress company were “warehouse receipts,” then the bank was the owner of the cotton. 31 Ark. 131; 44 id. 301; Acts 1887, sec. 7, p. 86; 29 Wis. 34. They were certainly warehouse receipts. No particular form is necessary. 1 Smith’s Bead. Cases, part 2d, 1223, 8th Am. ed.; 44 Ark. 306; 2 Dil. 284; 31 Ark. 131 ; 29 Wis. 482; 19 Oh. St. 419; 62 Miss. 86; 19 A. & E. Ene. Baw, p. 1123. A receipt may be explained by parol proof, or may even be varied. 19 S. W. Rep. 963; 14 Wall. 601; 19 A. & E. Enc. Baw,…
1Opinion of the CourtBattle, J.
On the 30th day of January, 1892, Hirsch Brothers instituted an action against Jones Bros. & Co. to recover a debt, and sued out an order of attachment, that was levied upon 364 bales of cotton as the property of the defendants. The Bank of Newport claimed the cotton, and the sheriff, by order of the plaintiffs, released 300 bales, but still held sixty-four bales under the levy. The bank filed a complaint in the action, and claimed the sixty-four bales as its own property. On a trial by the court sitting as a jury, the cotton was held to be the property of the defendants; and the bank having…
2Cases cited6 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- Shepardson v. CaryWisconsin Supreme Court · 1871
- Puckett v. ReedSupreme Court of Arkansas · 1876
- Ferguson v. Northern BankCourt of Appeals of Kentucky · 1879
- Durr v. HerveySupreme Court of Arkansas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stamford Compress Co. v. Farmers' & Merchants' Nat. BankTexas Supreme Court · 1912