Huggins v. Smith
Supreme Court of Arkansas
Appeal from Perry Circuit Court; G. W. Hendricks, Judge; 1. The verdict is not sustained by the evidence and the court erred in its instruction No. 1 as to what interest the note drew and the jury’s finding that it drew interest from maturity was not justified by the, evidence in the case. 2. The judgment on the counterclaim is not supported by the evidence.
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Appeal from Perry Circuit Court; G. W. Hendricks, Judge; 1. The verdict is not sustained by the evidence and the court erred in its instruction No. 1 as to what interest the note drew and the jury’s finding that it drew interest from maturity was not justified by the, evidence in the case. 2. The judgment on the counterclaim is not supported by the evidence. The burden of proving it was on defendant an’d lie failed in Ms proof. 3. It was error to permit attorneys to ask and appellee to answer if the plaintiff, Higgins, stated anything to him: in regard to the value of the stock at the time he…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit against appellees on the 14th day of August, 1917, in the Perry Circuit Court to recover $300 and interest at the rate of ten per cent, per annum from November 15, 1914, on a promissory note executed on the latter date by appellee for a balance due on the purchase price of appellant’s one-half interest in a drug store owned by appellant and appellee C. C. Smith, as partners, at the time of the sale and purchase of said interest.
Appellees answered, admitting the execution of the note, but denying liability on the ground that appellant had guaranteed the stock and…
2Cases cited3 opinions
- Coats v. MilnerSupreme Court of Arkansas · 1918
- State v. Arkansas Brick & Manufacturing Co.Supreme Court of Arkansas · 1911
- Smith v. GloverSupreme Court of Arkansas · 1918
3Cited by16 opinions
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- Payne v. NicholsonSupreme Court of Florida · 1930
- Babcock & Wilcox Co. v. Pedrick. Babcock & Wilcox Tube Co. v. PedrickCourt of Appeals for the Second Circuit · 1954
- Caldwell v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1928
- Rhoden Investment Co., Inc. v. Sears, Roebuck & Co.Supreme Court of Missouri · 1973
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