Tillar v. Wilson
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; STATEMENT BY THE COURT. Appellant and appellee were co-sureties on notes executed by the Gravity Boiler Feeder Company, a corporation, to the Bank of Commerce. The notes were respectively for $300 and $500. Appellant paid the notes, and this suit was brought by him against appellee as co-surety for half the amount paid; appellant alleging in his complaint that the maker and the two other indorsers were insolvent.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; STATEMENT BY THE COURT. Appellant and appellee were co-sureties on notes executed by the Gravity Boiler Feeder Company, a corporation, to the Bank of Commerce. The notes were respectively for $300 and $500. Appellant paid the notes, and this suit was brought by him against appellee as co-surety for half the amount paid; appellant alleging in his complaint that the maker and the two other indorsers were insolvent. Appellee by his original and amended answer set up a certain agreement which he alleges was understood to be and was a…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. The chancellor found “that at the time the agreement as set forth in the answer was executed it was understood by and between the plaintiff and the defendant, and as part of the consideration for said agreement, that the claim sued upon herein as set forth in the complaint was to be fully settled and satisfied, and was so settled and satisfied by said agreement.” If this finding were correct, the settlement of the amount due by appellee to appellant on account of the payment by the latter of the Gravity Boiler Feeder Company’s notes was intended to…
2Cases cited7 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Kelly v. CarterSupreme Court of Arkansas · 1891
- Moore v. TerrySupreme Court of Arkansas · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cache Valley Lumber Co. v. Culver Co.Supreme Court of Arkansas · 1910
- Hicks, Special Admx. v. RankinSupreme Court of Arkansas · 1948
- Arkansas Mutual Fire Insurance v. WithamSupreme Court of Arkansas · 1907
- Davenport v. HudspethSupreme Court of Arkansas · 1906
- Vanhoozer v. GattisSupreme Court of Arkansas · 1919
5 more not listed; retrieve them via the Exa API.