Johnson v. Downing
Supreme Court of Arkansas
Appeal from Poinsett Chancery Court. Edward D. Robertson, Chancellor. STATEMENT BY THE COURT. Appellants, Johnson, Berger & Company, a firm of merchants at Jonesboro, Ark., brought this suit in chancery to foreclose a mortgage executed to them by appellee, A. R. Downing, on January 3, 1899, upon certain land in Poinsett County, to secure payment of a debt in the sum of $521.31, evidenced by promissory note.
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Appeal from Poinsett Chancery Court. Edward D. Robertson, Chancellor. STATEMENT BY THE COURT. Appellants, Johnson, Berger & Company, a firm of merchants at Jonesboro, Ark., brought this suit in chancery to foreclose a mortgage executed to them by appellee, A. R. Downing, on January 3, 1899, upon certain land in Poinsett County, to secure payment of a debt in the sum of $521.31, evidenced by promissory note. The greater part of the note is admitted to have been paid, the only dispute being as to two credits claimed by appellee which, if allowed, extinguished the balance of the debt. These…
1Opinion of the Court
McCuuuoch, J.,
(after stating the facts.) According to the pleadings and testimony in the case, the Cox note was delivered by appellee to appellants as collateral security for debt owing by the former to the latter. The note bears date of September 27, 1898, and was payable in forty-nine days after date, and therefore fell due on November 15, 1898. The evidence is conflicting as to whether appellants presented this note to the makers, and in due time notified appellee of its nonpayment; but it is undisputed that the note was indorsed and delivered to appellants by appellee before maturity, or…
2Cases cited6 opinions
- Friend v. Smith Gin Co.Supreme Court of Arkansas · 1894
- Cooper v. SimpsonSupreme Court of Minnesota · 1889
- Johnson v. MeyerSupreme Court of Arkansas · 1891
- Gardner v. BarnettSupreme Court of Arkansas · 1880
- Newton v. KennerlySupreme Court of Arkansas · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Harbison v. HammonsSupreme Court of Arkansas · 1914