Lane v. Farmer
Supreme Court of Arkansas
Writ of Error to Marion Circuit Court. Tins was a suit brought by Lane against Farmer, upon the following bond, before a Justice of the Peace: “Twelve months after date, we or either of us promise to pay Josiah Lane, administrator of Baker Tyler, deceased the sum of sixteen dollars and 43|- cents, without discount or defalcation, for value received of him; as witness our hands and seals, this July 18th day, 1844. J. B. EVERETT, [Seal.] JAMES FARMER, [Seal.]» Farmer appeared…
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Writ of Error to Marion Circuit Court. Tins was a suit brought by Lane against Farmer, upon the following bond, before a Justice of the Peace: “Twelve months after date, we or either of us promise to pay Josiah Lane, administrator of Baker Tyler, deceased the sum of sixteen dollars and 43|- cents, without discount or defalcation, for value received of him; as witness our hands and seals, this July 18th day, 1844. J. B. EVERETT, [Seal.] JAMES FARMER, [Seal.]» Farmer appeared before the Justice and filed the following paper as a set-off: “ Mr. J. B. Everett, Sir: Please let the bearer have what…
1Opinion of the CourtJustice Scott
Proof of execution of the order in question wras an indispensable pre-requisite to its being read in evidence. Had this been done, then its possession by the debtor on whom it was drawn, was •prima facie evidence that he had paid it according to its tenor. (2 Greenl. Ev., p. 492, sec. 518.)
The judgment must be reversed, and the cause remanded.
2Cited by2 opinions
- Second Nat. Bank of Toledo v. M. Samuel & Sons, Inc.Court of Appeals for the Second Circuit · 1926
- Teter v. TeterWest Virginia Supreme Court · 1909