Williams v. Uzzell
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; D. F. Taylor, Special Judge; STATEMENT BY THE COURT. This suit was brought by Percy H. Williams against Eula Sloan Uzzell and Homer F. Sloan, principal and surety, on a note to recover a balance of $500 alleged to be due thereon. The note was payable to Nina W. Carleton, for the sum of $4,000 and endorsed by H. F. Sloan.
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Appeal from Mississippi Circuit Court, Osceola District; D. F. Taylor, Special Judge; STATEMENT BY THE COURT. This suit was brought by Percy H. Williams against Eula Sloan Uzzell and Homer F. Sloan, principal and surety, on a note to recover a balance of $500 alleged to be due thereon. The note was payable to Nina W. Carleton, for the sum of $4,000 and endorsed by H. F. Sloan. Four credits, with the dates thereof, were entered upon it, reducing it to $430, the amount claimed to be due at the time Nina W. Carleton sold it to her son-in-law, appellant, for $250. There is no contention about the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court erred in. admitting the testimony relative to the accord and satisfaction under the general plea of payment of the note and that it should have granted the continuance upon the ground of surprise.
A plea of accord and satisfaction, like one of pay'ment, sets up an affirmative defense and it is one that is required to be specifically pleaded. 1 Cyc. 371; 1 Enc. Plead. & Prac. 74. Hunt on Accord and Satisfaction, ■§ 106. Owens v. Chandler, 16 Ark. 651.
It is the purpose of the pleadings to advise the parties of the facts that…
2Cases cited2 opinions
- Owens ex rel. Wallace v. ChandlerSupreme Court of Arkansas · 1856
- Bush v. SproatSupreme Court of Arkansas · 1884
3Cited by4 opinions
- Childs v. PhilpotSupreme Court of Arkansas · 1972
- Sarna v. FairweatherSupreme Court of Arkansas · 1970
- Eastland County v. DavissonCourt of Appeals of Texas · 1926
- Toulmin & Toulmin v. UnderwoodSupreme Court of Arkansas · 1927