Kirkpatrick v. Wolfe & Bishop
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Ashley Cou/nty. The Hon. Tueodoeio F. Soeeells, Circuit Judge. The judgment in this case was clearly wrong. The proof of the assignment in full was uncon-tradicted; and there was no pretence that the note was either reassigned, or the assignment stricken out. The plea was a proper-one in bar, and judgment ought to have been rendered in Kirkpatrick’s favor. Gamblin et al. vs. Walker, lArk.
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Writ of Error to the Circuit Court of Ashley Cou/nty. The Hon. Tueodoeio F. Soeeells, Circuit Judge. The judgment in this case was clearly wrong. The proof of the assignment in full was uncon-tradicted; and there was no pretence that the note was either reassigned, or the assignment stricken out. The plea was a proper-one in bar, and judgment ought to have been rendered in Kirkpatrick’s favor. Gamblin et al. vs. Walker, lArk. Rep. 222/ Bloch vs. Walker, 2 ib. 10 ; Roane et al. vs. Rafferty et al., 5 ib. 467 / Rafferty vs. Rutherford, ib. 650; Dickinson et al. vs. Burr, 7 ib. 41/ Leavitt vs.…
1Opinion of the CourtJustice ITaNlt
This was an action of debt, commenced in the Ashley Circuit Court on the 4th October, 1853, founded on a promissory note, made by the plaintiff in error and others, not proceeded against for want of service, payable to the defendants as co-partners, dated 11th August, 1847, and payable at nine months from date.
Several pleas were interposed bjr the plaintiff, Kirkpatrick, to wit: 1st. Nil debet. 2d. That on the 11th August, 1847, Wolfe & Bishop endorsed, assigned, transferred and delivered said note, for value received, to Wilson & Duprey, and averring that they were the owners thereof. 3d.…
2Cases cited2 opinions
- Burriss v. WiseSupreme Court of Arkansas · 1839
- Nevill v. HancockSupreme Court of Arkansas · 1855