Southern Telephone Co. v. Banks
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. In testing tlie correctness of an instructed verdict, the evidence in the case will be given its strongest probative force in favor of tlie party against whom the verdict was directed. 95 Ark. 560. 2. It is well settled that where two persons are liable for the payment of a sum of money, and one of them pays it, the other shall make contribution by paying his proportional part of the amount to the party…
Read the full summary
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. In testing tlie correctness of an instructed verdict, the evidence in the case will be given its strongest probative force in favor of tlie party against whom the verdict was directed. 95 Ark. 560. 2. It is well settled that where two persons are liable for the payment of a sum of money, and one of them pays it, the other shall make contribution by paying his proportional part of the amount to the party who paid it. 49 Ark. 105; 73 Ark. 174-8. Even if the facts failed to show a joint liability in the usual acceptation of…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, A. B. Banks, instituted this action in the circuit court of Pulaski County against the defendant, Southern Telephone Company, a domestic corporation, to recover the sum of $1,006.54, alleged to be due on account for that amount paid out by the plaintiff for defendant as accommodation endorser on a promissory note.
The defendant filed its answer, admitting liability for the amount of plaintiff’s demand, but pleading a set-off against the same in the following words:
“That plaintiff and defendant were jointly liable and indebted to McRae & Tompkins, attorneys, in the sum of…
2Cases cited4 opinions
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- B. A. Stevens Co. v. WhalenSupreme Court of Arkansas · 1910
- Moore v. McCloySupreme Court of Arkansas · 1902