Harbison v. Hammons
Supreme Court of Arkansas
Appeal from Clay Circuit Court., Western District, W. J. Driver, Judge; STATEMENT BY THE COURT. This is an action upon a promissory note by J. W. Hammons against J. H. Harbison and Minerva Harbison and Gr. L. Lynch. The defendants filed an answer in which they denied that Hammons was the owner of the note sued on.
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Appeal from Clay Circuit Court., Western District, W. J. Driver, Judge; STATEMENT BY THE COURT. This is an action upon a promissory note by J. W. Hammons against J. H. Harbison and Minerva Harbison and Gr. L. Lynch. The defendants filed an answer in which they denied that Hammons was the owner of the note sued on. They alleged that the note was procured by the fraudulent representations of Johnson & Jarrett, the payees, and alleged that Hammons was not a bona fide purchaser for value before maturity of the note. The note was introduced in evidence by the plaintiff’s attorney. It bears date of…
1Opinion
on rehearing.
Hart, J.
Counsel for appellants has called our attention to the fact that the court over his objection gave the following instruction: “If you find for the plaintiff against both defendants, your verdict will be for amount of note sued on together with 10 per cent interest from date to present time.”.
The court erred in giving’ this instruction. The note stipulated that it should bear interest at the rate of 10 per cent per annum without stipulating for interest after maturity. Therefore, it bears interest at the rate of 10 per cent per annum from date until maturity, and…
2Cases cited1 opinion
- Johnson v. DowningSupreme Court of Arkansas · 1905