Perry County Bank v. Rankin
Supreme Court of Arkansas
Appeal from Perry Circuit Court. Robert J. Lea, Judge. If there is any evidence to uphold a theory, it is the right of the litigant to have the jury pass upon it. 50 Ark. 545; 33 Ark. 350; 35 Ark. 147; 36 Ark. 451; 39 Ark. 491; 62 Ark. 63. Assignment of a negotiable instrument cuts off all defenses by the maker.
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Appeal from Perry Circuit Court. Robert J. Lea, Judge. If there is any evidence to uphold a theory, it is the right of the litigant to have the jury pass upon it. 50 Ark. 545; 33 Ark. 350; 35 Ark. 147; 36 Ark. 451; 39 Ark. 491; 62 Ark. 63. Assignment of a negotiable instrument cuts off all defenses by the maker. Sand. & H. Dig. § 492; 31 Ark. 20, 128; 40 Ark. 545; 36 Ark. 228; 41 Ark. 242, 418; 42 Ark. 22; 53 Ark. 523. The presentation of the verified account showing the amount ■due was waived. 37 Ark. 499; .67 Ark. 219; 32 Ark. 593. If the suit was improperly brought at law, the error was…
1Opinion of the CourtMcCurroci-i, J.
This is a suit in replevin by appellant against appellee for recovery of possession of personal property conveyed by chattel mortgage executed by appellee to one Stone to secure a note for sum of $100, which was assigned to appellant by Stone before maturity as collateral security for a loan of money. The note was assigned by proper indorsement thereon, but there was no assignment of the mortgage.
The court directed the jury to return a verdict for appellee, because appellant failed, before the commencement of the suit, to furnish appellee a verified statement of the amount secured by the…
2Cases cited12 opinions
- Whittington v. FlintSupreme Court of Arkansas · 1884
- Hannah v. CarringtonSupreme Court of Arkansas · 1856
- Wells v. RiceSupreme Court of Arkansas · 1879
- Terry v. RosellSupreme Court of Arkansas · 1877
- Danenhauer v. DawsonSupreme Court of Arkansas · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
- Barnett v. WedgewoodNew Mexico Supreme Court · 1922
- Phoenix Insurance v. FleenorSupreme Court of Arkansas · 1912
- Moore v. PriceSupreme Court of Arkansas · 1934
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
8 more not listed; retrieve them via the Exa API.