Robertson v. Southwestern Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. Appellee is a foreign corporation and has not complied with the laws of this State. The contract is void. Act of May 13, 1907; 128 Ark. 211; 115 Id. 166. 2. The sureties are not liable because a material alteration was made in the letter of credit.
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Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. Appellee is a foreign corporation and has not complied with the laws of this State. The contract is void. Act of May 13, 1907; 128 Ark. 211; 115 Id. 166. 2. The sureties are not liable because a material alteration was made in the letter of credit. The unauthorized alteration of the contract discharged the sureties. 56 Ark. 50; 66 Id. 287; 71 Id. 601; 86 Id. 212; 93 Id. 479; 113 Id. 421; 123 Id. 487; 122 Id. 528. It was a material alteration and increased the liability. 20 Cyc. 1490; 74 Ark. 601; 174 Fed. 22. 3. There is no…
1Opinion of the CourtMcCulloch, C. J.
This action was originally instituted in the circuit court of Pulaski County by appellee to recover the amount of a debt alleged to be due on contract for the sale of books, but the cause was, without objection, transferred to the chancery court and proceeded to final decree in favor of appellees.
The action is against Charles R. Robertson, the obligor in the contract of sale, and against W. E. Harrington and J. S. M. Cannon as guarantors of said purchaser. Appellee is a foreign corporation doing business at Nashville, Tennessee, and the contracts in suit were executed in the city of Little…
2Cases cited5 opinions
- Gunn v. White Sewing Machine Co.Supreme Court of Arkansas · 1892
- Klein v. German National BankSupreme Court of Arkansas · 1901
- Gist v. GansSupreme Court of Arkansas · 1875
- Andrews v. CallowaySupreme Court of Arkansas · 1887
- Chism v. ToomerSupreme Court of Arkansas · 1871
3Cited by7 opinions
- Anheuser-Busch, Inc. v. ManionSupreme Court of Arkansas · 1937
- Moore v. First National Bank of Hot SpringsCourt of Appeals of Arkansas · 1981
- Hunter v. HuffmanNebraska Supreme Court · 1922
- Rabon v. PutnamCourt of Appeals for the Tenth Circuit · 1947
- H. J. Heinz Company v. DukeSupreme Court of Arkansas · 1938
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