Warmack v. Askew
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; The notes were void, and could not be the basis of recovery. The cause of action having failed, it could not be amended so as to substitute a new party plaintiff who had or could be shown to have a cause of action.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; The notes were void, and could not be the basis of recovery. The cause of action having failed, it could not be amended so as to substitute a new party plaintiff who had or could be shown to have a cause of action. Kirby’s Digest, § 513; Id. § 6096; 67 Ark. 579; 34 Ark. 157; 54 Ark. 444; 89 Ark. 239; 47 Ark. 378; 64 Ark. 348; 25 Ark. 10; 70 Ark. 200; 86 Ark. 155. Plaintiff was entitled to amend his complaint to conform to proof introduced without objection. 67 Ark. 426; Kirby’s Digest, § 6145; 100 Am. Dec. 43S; 70 Ark. 200, 202; 43…
1Opinion of the CourtHart, J.
This is an appeal by J. D. Warmack from a judgment rendered against him in favor of J. H. Askew and J. C. Karner. The suit was originally brought by J. H. Askew against J. D. Warmack to recover upon two promissory notes.
The defense was interposed that the notes were given to one J. C. Karner in payment of patent right territory, or in payment of the purchase money of patented instruments, and they were not executed on a printed form, and did not show upon their face that they were executed in consideration of a patented machine, implement, substance or instrument, as required by section 513…
2Cases cited5 opinions
- Ashley v. VischerCalifornia Supreme Court · 1864
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
- Roth v. Merchants' & Planters' BankSupreme Court of Arkansas · 1902
- Tillman v. ThatcherSupreme Court of Arkansas · 1892
- Buck v. DavisSupreme Court of Arkansas · 1897
3Cited by11 opinions
- Davis v. ChrispSupreme Court of Arkansas · 1923
- Harris v. Whitworth, AdministratorSupreme Court of Arkansas · 1948
- Hastings v. United States Fidelity & Guaranty Co.Supreme Court of Arkansas · 1915
- Cottonwood Lumber Co. v. WalkerSupreme Court of Arkansas · 1912
- Bridges v. Harold L. Schaefer, Inc.Supreme Court of Arkansas · 1944
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