Cummins v. Bentley
Supreme Court of Arkansas
This was a bill in chancery, filed in the Pulaski Circuit Court, by William Cummins, against George H. Bentley, Eli Bentley, Oliver T. Bentley, and Thomas Mathers, to enjoin a judgment, obtained against him by George H. Bentley, on a note for $500, and for an account, settlement, and relief. The suit was determined in June, 1841, before the Hon. John J. Clendenin, one of the circuit judges.
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This was a bill in chancery, filed in the Pulaski Circuit Court, by William Cummins, against George H. Bentley, Eli Bentley, Oliver T. Bentley, and Thomas Mathers, to enjoin a judgment, obtained against him by George H. Bentley, on a note for $500, and for an account, settlement, and relief. The suit was determined in June, 1841, before the Hon. John J. Clendenin, one of the circuit judges. The bill alleged that, on the 1st of November, 1834, Cummins executed his note to Emzy Wilson, for ‡500, payable 12 months after date; that Wilson endorsed the note to Eli Bentley, by whom it was passed…
1Opinion of the CourtDickinson, J.
Is the complainant, from the state of facts presented by the pleadings, entitled to the relief prayed for? The equity of the bill rests upon two charges: First, that Eli Bentley received, on the note that complainant executed to Wilson, $>100, which he failed to credit on the note, while in his hands; that he afterwards passed the note to George H. Bentley, without entering the credit; and that, at a suit at law, George H. has recovered judgment against the complainant; that these facts are alone within the knowledge of Eli, and that, upon the trial at law, the complainant had no right to his…
2Cited by5 opinions
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