Clemshire v. Boone County Bank
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. R. H. Powell, Judge. The Boone County Bank sued Clemshire on a note executed by him to it, in consideration, of the transfer to him of a certain interest in the Boone County Telephone Company, an unincorporated company organized to do a telephone exchange business. Defendant’s answer alleged a failure of consideration.
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APPEAL from Boone Circuit Court. R. H. Powell, Judge. The Boone County Bank sued Clemshire on a note executed by him to it, in consideration, of the transfer to him of a certain interest in the Boone County Telephone Company, an unincorporated company organized to do a telephone exchange business. Defendant’s answer alleged a failure of consideration. The court, refused, at the request of the defendant, to declare the law as follows: “If the consideration of the note sued on was certain stock in the Boone County Telephone Co., andan interest in certain telephone lines in and about Harrison,…
1Opinion of the CourtBattle, J.
The first five declarations of law asked for by appellant were based on evidence adduced on the trial. If the facts therein hypothetically stated were true, the note sued on was without legal consideration and void. The law should have been declared as therein asked. Rowe v. Blanchard, 18 Wis., 462; Rice v. Garnhart, 34 Wis., 453, 461; Bliss v. Negus, 8 Mass., 46; Dickinson v. Hall, 14 Pick., 217; Harlow v. Putnam, 124 Mass., 553; Electric Co. v. Howard, 148 Mass., 359; Brown v. Tarkington, 3 Wall., 377; Cross v. Huntly, 13 Wend., 385; Darst v. Brockway, 11 Ohio, 462; Nye v. Raymond, 16 111.,…
2Cases cited6 opinions
- Harlow v. PutnamMassachusetts Supreme Judicial Court · 1878
- Cross v. HuntlyNew York Supreme Court · 1835
- Brown v. TarkingtonSupreme Court of the United States · 1866
- Rice v. GarnhartWisconsin Supreme Court · 1874
- Winslow v. DousmanWisconsin Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Williams v. WilsonDistrict Court, E.D. Arkansas · 1960
- Mackin v. ShannonU.S. Circuit Court for the District of Eastern Arkansas · 1908
- Brown v. Ohio National BankCourt of Appeals for the D.C. Circuit · 1901