Gregory v. Bewly
Supreme Court of Arkansas
This was an action.of debt, determined in (he Pope Circuit Court, at September term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges.
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This was an action.of debt, determined in (he Pope Circuit Court, at September term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges. Gregory sued Bewly, Langford and Bruton, on a writing under seal, executed by them in these words: “one day after date we or either of us promise to pay to Hawkins Gregory, executor of the estate of R. T. Banks, deceased, the sum of two hundred and twenty-seven dollars and twenty-five cents, with interest at the rate of ten per cent, per annum, until paid, which may be discharged in Arkansas money, for value received, as witness our hands and…
1Opinion of the Court
By the Court,
Sebastian, J.
We have examined the record, and find no variance between the writing sued on, and that produced on oyer, and presume the court below sustained the demurrer on the other ground, taken in the demurrer. There is a- broad and marked distinction between the actions of debt and covenant, though there is some difficulty in determining the application of those remedies to particular cases. Debt is the appropriate action upon any contract, express or implied, for the payment of a sum certain in money,or which can be reduced to certainty; 1 Chit. Pl. 97; and proceeds lor the…
2Cases cited3 opinions
- Day v. LaffertySupreme Court of Arkansas · 1842
- Hudspeth v. Gray, Durrive & Co.Supreme Court of Arkansas · 1843
- Dillard v. EvansSupreme Court of Arkansas · 1842