Clements v. Knight & Co.
Supreme Court of Arkansas
Appeal from Cross Circuit Court; W. J. Driver, Judge; STATEMENT by the court. Appellee (a corporation) instituted this suit against .the appellant and M. M. Jennings and J. M. Turnage. They alleged that the appellant executed his promissory note, dated January 18, 1913, to his co-defendants, agreeing to pay them the sum of $2,064.12, with interest at six per cent, from date until paid, and that the payees, for value received, endorsed and delivered the note to the appellee.
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Appeal from Cross Circuit Court; W. J. Driver, Judge; STATEMENT by the court. Appellee (a corporation) instituted this suit against .the appellant and M. M. Jennings and J. M. Turnage. They alleged that the appellant executed his promissory note, dated January 18, 1913, to his co-defendants, agreeing to pay them the sum of $2,064.12, with interest at six per cent, from date until paid, and that the payees, for value received, endorsed and delivered the note to the appellee. It alleged that the sum of $1,342.10 remained due and unpaid on said note, for which it prayed judgment. The appellant,…
1Opinion of the CourtWood, J.
(after stating the facts).(1) The appellant’s objection and exception was tantamount to an appeal from the order of the court setting aside the verdict and granting the appellee a new trial’
The court did not abuse its discretion in granting the appellee a new trial. There was á decided conflict in the evidence as to whether or not the note had been paid.
Witnesses on behalf of the appellant testified that the property included in the deed of trust given to secure the note in suit was sold for an amount sufficient to pay the note in full, but, on the other hand, a witness for the appellee…
2Cases cited4 opinions
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- Taylor v. Grant Lumber Co.Supreme Court of Arkansas · 1910
- McDonnell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- McIlroy v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1911
3Cited by3 opinions
- Arkansas Light & Power Co. v. ParagouldSupreme Court of Arkansas · 1920
- Wilhelm v. CollisonSupreme Court of Arkansas · 1918
- Missouri Pacific Railroad v. ClarkSupreme Court of Arkansas · 1969