Sumner v. Ford & Co.
Supreme Court of Arkansas
Error to Chicot Circuit Court. This was an action of debt, by Ford & Co., against Sumner. The declaration, in its commencement, demanded the sum of $571 86, and contained two counts, one setting out a note due thirty days after date, for $571 86, payable at the plaintiff’s counting room in New-Orleans, with interest from date; the second, a note for the same amount, due and dated like the former, with interest from date, but saying nothing as to the place of payment.
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Error to Chicot Circuit Court. This was an action of debt, by Ford & Co., against Sumner. The declaration, in its commencement, demanded the sum of $571 86, and contained two counts, one setting out a note due thirty days after date, for $571 86, payable at the plaintiff’s counting room in New-Orleans, with interest from date; the second, a note for the same amount, due and dated like the former, with interest from date, but saying nothing as to the place of payment. The breach negatived the payment of the principal of each note, without saying any thing as to the interest. The defendant…
1Opinion of the Court · LacyLacy, J.
This is an action of debt, founded upon a promissory note, made payable at the defendants’ counting-room, in New-Orleans. The record presents several questions, which we will decide in the order they present themselves.
First. Is it necessary, in an action against the maker of a promissory note, or the acceptor of a bill of exchange, which was made payable at a particular place, to aver and prove presentment and demand at that place?
We are not at liberty to consider this point as open for investigation. It is finally and conclusively settled by the whole course of American decisions.
It is true…
Also in this document: Opinion of the Court · Dickinson.
2Cases cited4 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Covington v. ComstockSupreme Court of the United States · 1840
3Cited by3 opinions
- Dickinson v. TunstallSupreme Court of Arkansas · 1842
- Hanly v. GainesSupreme Court of Arkansas · 1843
- Thompson v. Real Estate BankSupreme Court of Arkansas · 1843