Cantwell v. Pacific Express Co.

Supreme Court of Arkansas

Cantwell v. Pacific Express Co.

25 S.W. 503, 58 Ark. 487, 1894 Ark. LEXIS 116

CourtSupreme Court of Arkansas

DecidedFebruary 17, 1894

StatusPublished

Cited by3 cases

This text of 25 S.W. 503 (Cantwell v. Pacific Express Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cantwell v. Pacific Express Co., 25 S.W. 503, 58 Ark. 487, 1894 Ark. LEXIS 116 (Ark. 1894).

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Opinion

Wood, J.,

1. Person in •whose name contract is made may sue. (after stating- the facts.) The court erred in giving- the fourth instruction. The contract was made with appellant, as evidenced by the receipt to him, and he had the right to sue. Mansf. Dig. sec. 4936 ; Pomeroy, Rem. & Remed. Rights, sec. 223.

2. When express company liable for delay. In view of further proceedings, it is proper to say that the instruction given by the court upon its own motion correctly declared the law applicable to the facts, and instructions 1, 2 and 3 should not have been given.

Por the errors indicated, the judgment is reversed, and cause remanded.

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Wood, J.,

1. Person in •whose name contract is made may sue. (after stating- the facts.) The court erred in giving- the fourth instruction. The contract was made with appellant, as evidenced by the receipt to him, and he had the right to sue. Mansf. Dig. sec. 4936 ; Pomeroy, Rem. & Remed. Rights, sec. 223.

2. When express company liable for delay. In view of further proceedings, it is proper to say that the instruction given by the court upon its own motion correctly declared the law applicable to the facts, and instructions 1, 2 and 3 should not have been given.

Por the errors indicated, the judgment is reversed, and cause remanded.

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Bluebook (online)

25 S.W. 503, 58 Ark. 487, 1894 Ark. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cantwell-v-pacific-express-co-ark-1894.

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