Glenn v. Union Bank & Trust Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; statement oe facts. The Union Bank & Trust Company sued E. H. Glenn to recover the sum of $1,390 alleged to he due plaintiff on a promissory note executed by the defendant and others.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; statement oe facts. The Union Bank & Trust Company sued E. H. Glenn to recover the sum of $1,390 alleged to he due plaintiff on a promissory note executed by the defendant and others. As a defense to the action the defendant stated that he had signed said note as surety for J. C. Sheperd and J. R. Wilson, who were the principals, and that after the note became due he wrote and mailed to the bank the following letter or notice: “Denver, Col., June 10,1920. “C. D. Metcalf, Batesville, Ark. “Dear Charley: I am just in receipt of…
1Opinion of the CourtHart, J.
(after stating the facts). It is insisted by counsel for the defendant that the court erred in sustaining the demurrer to the first paragraph of his answer because he notified the plaintiff after the note became due to sue the principal on the note forthwith,and that,the bank not having brought the suit within thirty days after the notice was given, the defendant is exonerated from liability on the note under the statute.
Section 8287 of Crawford & Moses’ Digest requires that a surety on a note in order to exonerate himself from liability shall, after the note becomes due, by a notice in…
2Cases cited9 opinions
- Baker v. KelloggOhio Supreme Court · 1876
- Kennedy v. FaldeSupreme Court Of The Territory Of Dakota · 1886
- Wilson v. WhiteSupreme Court of Arkansas · 1907
- Benge's Administrator v. EversoleCourt of Appeals of Kentucky · 1913
- Phoenix Cement Sidewalk Co. v. Russellville Water & Light Co.Supreme Court of Arkansas · 1911
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3Cited by5 opinions
- Union Indemnity Co. v. Benton County Lumber Co.Supreme Court of Arkansas · 1929
- The W. T. Rawleigh Co. v. MooreSupreme Court of Arkansas · 1938
- Caldwell v. DunnSupreme Court of Arkansas · 1922
- Roberts v. LoveSupreme Court of Arkansas · 1960
- Roberts v. LoveSupreme Court of Arkansas · 1960