Pettigrew Machine Co. v. Harmon
Supreme Court of Arkansas
APPEAL from Izard Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. The receipt did not release Reynolds and Doughty. It was nothing more than a covenant not to sue Reynolds and Doughty; and a promise by a creditor to receive part of his -debt in payment of the whole, is nudum pactum and void. Pinnell's case, 5 Coke, nj; 2 Gr.
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APPEAL from Izard Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. The receipt did not release Reynolds and Doughty. It was nothing more than a covenant not to sue Reynolds and Doughty; and a promise by a creditor to receive part of his -debt in payment of the whole, is nudum pactum and void. Pinnell's case, 5 Coke, nj; 2 Gr. E., Sec. 28; Chitty on Cont.\ 6‡5! 33 Ark., ffj2. The receipt of a part of a debt as a discharge of the whole is, in' general, no satisfaction of the remainder, though the receipt express that the sum is received as a compensation, iy Johns., 169; 3 Id., 2yi; 9…
1Opinion of the CourtCockrill, C. J.
The appellant sued Reynolds, Doughty, Chase, Owens and Harmon on a promissory note executed by Reynolds, Doughty & Co., alleging that the parties sued were partners doing business under that style when the note was executed. The court tried the case without the intervention of a jury, after the issues were made, and found the facts to be that Reynolds, Doughty and Harmon, alone, composed the firm of Reynolds, Doughty & Co., and that they had executed the note sued on; that afterwards Reynolds .and Doughty failed in business and made an assignment to one Hunt for the benefit of their…
2Cases cited4 opinions
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Ellis v. EssonWisconsin Supreme Court · 1880
- Bonney v. BonneySupreme Court of Iowa · 1870
- Seymour & Co. v. ButlerSupreme Court of Iowa · 1859
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- Melroy v. KemmererSupreme Court of Pennsylvania · 1907
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- Coleman v. Gulf Refining Co. of LouisianaSupreme Court of Arkansas · 1926
- Engbretson v. SeiberlingSupreme Court of Iowa · 1904
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