Cheney v. Higginbotham
Supreme Court of Arkansas
Writ of Error to Dallas Circuit Court. Debt, determined in the Dallas Circuit Court, in March, 1848, before the Hon. Geo. Conway, Judge. This action was brought by Jackson Cheney, for the use of William T. Crowley, against Joseph C. Higginbotham, upon a writing obligatory of the said Higginbotham, for the payment, thirty days after the date thereof, to the plaintiff or bearer, of the sum of one hundred and five dollars for value received.
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Writ of Error to Dallas Circuit Court. Debt, determined in the Dallas Circuit Court, in March, 1848, before the Hon. Geo. Conway, Judge. This action was brought by Jackson Cheney, for the use of William T. Crowley, against Joseph C. Higginbotham, upon a writing obligatory of the said Higginbotham, for the payment, thirty days after the date thereof, to the plaintiff or bearer, of the sum of one hundred and five dollars for value received. Defendant craved oyer, and pleaded no consideration. The case was submitted to the Court sitting as a jury. Judgment for defendant. Plaintiff brought error.…
1Opinion of the CourtJustice Scott
The action was debt upon a writing obligatory. The plea was that it “ was executed and delivered without any consideration whatever.” This was decided to be a good plea in Dickson vs. Burk, 1 Eng. R. 412, and this decision seems sustained by authority. Besides the Kentucky decisions cited in Dickson vs. Burk, the Alabama decisions are to the same effect. Gibs vs. Williams, use, &c., 3 Ala. R. 316.
This form of pleading grows out of our statute, which enacts that “ any instrument or note in writing, whether the same be under seal or not, charged to have been executed by the other party, shall…
2Cases cited3 opinions
- Giles v. WilliamsSupreme Court of Alabama · 1842
- Parkman v. ElySupreme Court of Alabama · 1843
- Rankin v. BadgettSupreme Court of Arkansas · 1844