Weaver-Dowdy Co. v. Brewer
Supreme Court of Arkansas
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.
Read the full summary
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
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Thorsen v. PoeSupreme Court of Arkansas · 1916
- Briggs v. ManningSupreme Court of Arkansas · 1906
- Rice v. DorrianSupreme Court of Arkansas · 1893
- Porter v. HuieSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Kessel v. MurraySupreme Court of Iowa · 1924
- Pennington v. KarcherSupreme Court of Arkansas · 1926
- Bank of Searcy v. BaldockSupreme Court of Arkansas · 1922