Webster v. Carter
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; Hugh Basham, Judge; 1. No defense was made out against the note. There was no offer, to restore the horse and rescind the sale. A purchaser will not be permitted to retain the property and defend against the payment of the purchase money for want of consideration on the ground of fraud. 5 Ark. 395; 46 Ark. 33. The testimony shows that appellee was informed of the horse’s age at the time he executed the note.
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Appeal from Johnson Circuit Court; Hugh Basham, Judge; 1. No defense was made out against the note. There was no offer, to restore the horse and rescind the sale. A purchaser will not be permitted to retain the property and defend against the payment of the purchase money for want of consideration on the ground of fraud. 5 Ark. 395; 46 Ark. 33. The testimony shows that appellee was informed of the horse’s age at the time he executed the note. There can be no rescission for a partial failure of consideration. 21 Ark. 342; Benjamin on Sales, 396, 397. Where the buyer receives what he really…
1Opinion of the CourtMcCuleoch, C. J.
The defendant, F. C. Carter, purchased a stallion from R. C. Reynolds, and executed to the latter a negotiable promissory note for $250 to cover part of the purchase price. Reynolds sold and delivered the note to his son, J. B. Reynolds, for a valuable consideration, and, as it is claimed, before maturity, and the latter sold and delivered the note, before maturity, to the plaintiff, FI. R. Webster. There was no indorsement made on the note by either R. C. Reynolds or J. B. Reynolds, nor was there any transfer in writing. The transfer was only by delivery. Webster instituted this action…
2Cases cited6 opinions
- Trust Co. v. National BankSupreme Court of the United States · 1880
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Desha's Exrs. v. RobinsonSupreme Court of Arkansas · 1856
- Heartman v. FranksSupreme Court of Arkansas · 1880
- Sumpter v. TuckerSupreme Court of Arkansas · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Shapard v. MixonSupreme Court of Arkansas · 1916
- Hooten v. State ex rel. Cross CountySupreme Court of Arkansas · 1915
- Childs v. PhilpotSupreme Court of Arkansas · 1972
- Ozark Diamond Mines Corp. v. TownesSupreme Court of Arkansas · 1915
- Hamburg Bank v. AhrensSupreme Court of Arkansas · 1915
9 more not listed; retrieve them via the Exa API.