Heise v. Bumpass
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. 1. No demand upon the maker and refusal to pay were alleged in the complaint. 15 Arle., 9; 22 Id., 540; 14 Id., 334. 2. The note was negotiable, and three days’ grace should have been allowed. 16 Ark., 336; 15 lb., 14. The suit was prematurely brought.
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APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. 1. No demand upon the maker and refusal to pay were alleged in the complaint. 15 Arle., 9; 22 Id., 540; 14 Id., 334. 2. The note was negotiable, and three days’ grace should have been allowed. 16 Ark., 336; 15 lb., 14. The suit was prematurely brought. The note did not fall due until the 4th of November, one day later than the institution of this suit, and there was no allegation of demand on the maker at maturity. 15 Ark, 14; 32 lb., 697. 3. The note was indorsed on Sunday and void, Tucker v. West, 29 Ark, 386,
1Opinion of the Court
OPINION.
Smith, J.
Heise was sued upon the following instrument:
“On or before the first day of November, 1880, I promise to pay "W. N. Bumpass, or order, the sum of $210 for value received.. February 3, 1880.
F. G. Davidson.’-’
Across the face of it was written:
“Accepted, Joseph Heise.”
The complaint alleged that Davidson had applied to Bum-pass to purchase two mules upon credit; that the price and terms of credit had been agreed on, but Bumpass was unwilling to sell without security; that .Heise, Davidson’s father-in-law, was proposed and accepted as surety and the note copied above, with its…
2Cases cited3 opinions
- Good v. MartinSupreme Court of the United States · 1877
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