Legal Opinion

Planters Fire Insurance v. Ford

Supreme Court of Arkansas

Decided February 10, 1913PublishedCited by 4 opinions

Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; 1. The date of a negotiable instrument is prima facie evidence of the time when it was executed. 2 Enc. of Evidence, 426. 2. A note executed on Sunday may be ratified by a later promise on a week day to pay it.

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Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; 1. The date of a negotiable instrument is prima facie evidence of the time when it was executed. 2 Enc. of Evidence, 426. 2. A note executed on Sunday may be ratified by a later promise on a week day to pay it. Appellee by his promise later given and by his conduct in retaining the policy ratified the notes in question. 44 Ark. 74; 57 Ark. 483; 85 Ark. 473; Bishop on Contracts, § 487. 1. The verdict of the jury is conclusive of the question of fact that-the note was executed on Sunday, and that appellee was drunk at the…

1Opinion of the CourtHart, J.

This suit was commenced by appellant against appellee before a justice of the peace to recover upon four promissory notes. Three of the notes were for ten dollars each and the remaining one for eight dollars and fifty cents. They were all dated June 12, 1909, and bear interest at the rate of 10 per cent per annum from date until paid. They were signed by appellee and payable to the order of appellant. Judgment was rendered by default in favor of appellant in the justice court. Upon appeal to the circuit court, there was a verdict and judgment for appellee, and the case is here on appeal. The…

2Cases cited3 opinions

  1. Tucker v. WestSupreme Court of Arkansas · 1874
  2. Gray v. StoneSupreme Court of Arkansas · 1912
  3. American Insurance v. DillahuntySupreme Court of Arkansas · 1909

3Cited by4 opinions

  1. New York Life Insurance v. MasonSupreme Court of Arkansas · 1921
  2. Gray v. BlackwoodSupreme Court of Arkansas · 1914
  3. McElhannon v. CoffmanSupreme Court of Arkansas · 1927
  4. W. F. Moody & Co. v. Boyle Gin Co.Mississippi Supreme Court · 1937

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