Richie v. Frazer
Supreme Court of Arkansas
APPEAL from Bradley circuit court. Geo. W, NosmaN, Special'Judge. The note and judgment was payable in “dollars” only.. Under Mansfield’s Dig., Sec. 1146, this debt could have been paid in scrip in the absence of an express agreement- Evidence to prove this express agreement was admissible. Sessions v. Peay, 21 Arle., 100; Helena v. Turner, 36 Arle., 577. The Act of 1875, Mansf. Dig., See. 1146, was repealed by implication.
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APPEAL from Bradley circuit court. Geo. W, NosmaN, Special'Judge. The note and judgment was payable in “dollars” only.. Under Mansfield’s Dig., Sec. 1146, this debt could have been paid in scrip in the absence of an express agreement- Evidence to prove this express agreement was admissible. Sessions v. Peay, 21 Arle., 100; Helena v. Turner, 36 Arle., 577. The Act of 1875, Mansf. Dig., See. 1146, was repealed by implication. See. 1065 and note; Act February 1, 1879. Sessions v. Peay is not the “ exact question ” presented in. this case. By Act December 14, 1875, all debts due the county were…
1Opinion of the CourtBattle, J.
Bradley county sold its poor house to Mary A. Erazer for one-third cash, and two promissory notes for the remainder of the purchase money. One of the notes not being paid at maturity, suit was brought on it for the use of' the county, and judgment was recovered for the full amount thereof. It was not stated in either the notes or the judgment in what medium payment was to be made. Execution was issued, and Mrs. Erazer paid the costs in lawful money and tendered to the sheriff the remainder due on the judg-meat and execution in the warrants of the county of Bradley,, and he refused to accept…
2Cases cited7 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Martin v. ColeSupreme Court of the United States · 1881
- Brown v. WileySupreme Court of the United States · 1858
- Langenberger v. KrœgerCalifornia Supreme Court · 1874
- Cockrill v. KirkpatrickSupreme Court of Missouri · 1846
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3Cited by9 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Moore v. TerrySupreme Court of Arkansas · 1899
- Abbott v. KennedySupreme Court of Arkansas · 1918
- Maledon v. LefloreSupreme Court of Arkansas · 1896
- Griggs v. School District No. 70Supreme Court of Arkansas · 1908
4 more not listed; retrieve them via the Exa API.