Legal Opinion

Weaver-Dowdy Co. v. Brewer

Supreme Court of Arkansas

Decided February 19, 1917PublishedCited by 3 opinions

Appeal from Independence Chancery Court, G. T. Humphries, Chancellor; 1. The appellee endorsed the note in blank, with the appellants, at the time it was made and for the same consideration, and intended to lend his credit as a surety, and such was the effect of his endorsement. 34 Ark. 524; 24 Id. 511; 40 Id. 545. He was not entitled to contribution. 34 Ark. 75; Bispham’s Eq. (3 ed.), § 330; 1 Lead.

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Appeal from Independence Chancery Court, G. T. Humphries, Chancellor; 1. The appellee endorsed the note in blank, with the appellants, at the time it was made and for the same consideration, and intended to lend his credit as a surety, and such was the effect of his endorsement. 34 Ark. 524; 24 Id. 511; 40 Id. 545. He was not entitled to contribution. 34 Ark. 75; Bispham’s Eq. (3 ed.), § 330; 1 Lead. Cas. in Eq., p. 132. One who is guilty of bad faith cannot invoke the aid of equity. 6 R. C. L. 1036, § 2; lb. 1040, § 5; 10 Am. St. 646. The real situation of the parties may be proved for the…

1Opinion of the CourtHart, J.

This was a suit for contribution brought by appellee against appellants in the chancery court.Appellee in-his complaint states facts substantially as follows:

That the defendant, Weaver-Dowdy Company, is a mercantile corporation at Batesville, Arkansas; that on July 1, 1914, the defendant, Weaver-Dowdy Company executed a promissory note to the Union Bank & Trust Company for $6,000.00 payable ninety days after date; that after the note was signed by Weaver-Dowdy Company, it was endorsed by the following individuals, in the order named: M. C. Weaver, G. E. Hogan, Frank Handford and F. W. Brewer;…

2Cases cited5 opinions

  1. Wilks v. VaughanSupreme Court of Arkansas · 1904
  2. Thorsen v. PoeSupreme Court of Arkansas · 1916
  3. Briggs v. ManningSupreme Court of Arkansas · 1906
  4. Rice v. DorrianSupreme Court of Arkansas · 1893
  5. Porter v. HuieSupreme Court of Arkansas · 1910

3Cited by3 opinions

  1. Kessel v. MurraySupreme Court of Iowa · 1924
  2. Pennington v. KarcherSupreme Court of Arkansas · 1926
  3. Bank of Searcy v. BaldockSupreme Court of Arkansas · 1922

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