Kissire v. Plunkett-Jarrell Grocer Co.
Supreme Court of Arkansas
Appeal from .Conway Chancery Court; Jeremiah G. Wallace, Chancellor; 1. Appellant was entitled to indemnity to the extent of one-half of the mortgage security. 48 Ark. 442; 50 Ark. 234; 59 Ark. 47; 34 Ark. 80; 60 Ark. 526. Where different purchase money notes or different notes secured by a mortgage on land are owned by different parties, though maturing at different times, the amount realized, if not sufficient to pay all, will be prorated. 92 Ark. 291; 51 Ark. 105; 13 Ark.…
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Appeal from .Conway Chancery Court; Jeremiah G. Wallace, Chancellor; 1. Appellant was entitled to indemnity to the extent of one-half of the mortgage security. 48 Ark. 442; 50 Ark. 234; 59 Ark. 47; 34 Ark. 80; 60 Ark. 526. Where different purchase money notes or different notes secured by a mortgage on land are owned by different parties, though maturing at different times, the amount realized, if not sufficient to pay all, will be prorated. 92 Ark. 291; 51 Ark. 105; 13 Ark. 631; 2 Parsons on Contracts, (6 ed.) 633-4. 2. If appellant was liable at all, he should have been sued in the…
1Opinion of the CourtFrauenthal, J.
This is a suit brought by the Plunkett-Jarrell Grocer Company to recover a balance alleged to be due upon a note indorsed by the defendant G. W. Kissire. The note was executed by one J. H. Kissire as maker for $1,250, and is credited with $658.15. Judgment was sought for the balance due thereon against said indorser. The defendant resisted recovery principally upon the following grounds: (1) that his indorsement of the note was made for accommodation only, and without consideration; (2) that at the time the maker executed the note in litigation he also executed to plaintiff four other notes…
2Cases cited19 opinions
- Faisst v. WaldoSupreme Court of Arkansas · 1893
- Bonham v. JohnsonSupreme Court of Arkansas · 1911
- Caldwell v. HallSupreme Court of Arkansas · 1887
- Richeson v. National BankSupreme Court of Arkansas · 1910
- Fort v. BlackSupreme Court of Arkansas · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Consolidated Underwriters of South Carolina Insurance v. BradshawDistrict Court, W.D. Arkansas · 1955
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Rea v. RuffSupreme Court of Arkansas · 1979
- Sharp v. PeaseSupreme Court of Arkansas · 1936
- Sureck v. United States Fidelity and Guaranty CompanyDistrict Court, W.D. Arkansas · 1973
23 more not listed; retrieve them via the Exa API.