Lashbrooke v. Cole
Supreme Court of Arkansas
Appeal from Poinsett Chancery Court; Charles D. Frierson, Chancellor; 1. The giving of the alleged notice did not discharge the liability to contribution, because (1), the notice was not sufficiently peremptory, or definite. (2) Jacobs, the principal, was insolvent at the time of giving the notice. (3) The notice was not properly served. (4) The statute has no application to the right of contribution between co-sureties, but applies solely to liability to creditors.
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Appeal from Poinsett Chancery Court; Charles D. Frierson, Chancellor; 1. The giving of the alleged notice did not discharge the liability to contribution, because (1), the notice was not sufficiently peremptory, or definite. (2) Jacobs, the principal, was insolvent at the time of giving the notice. (3) The notice was not properly served. (4) The statute has no application to the right of contribution between co-sureties, but applies solely to liability to creditors. Kirby’s Dig., § § 7921, 7922. 2. The plea of res adjudícala was untenable, and the notice was not sufficiently peremptory or…
1Opinion of the CourtSmith, J.
The parties to this litigation were the sureties of Ed. L. Jacobs upon a note executed by him to the order of Mrs. W. A. Briant. A year after the maturity of the note Mrs. Briant sued appellant alone on this note, but before the trial .of the case she amended her complaint and made appellee a party also. Appellee filed an answer in which he alleged his discharge from liability by reason of Mrs. Briant’s failure to bring suit within thirty days of a notice requesting her so to do, pursuant to sections 7921 and 7922 of Kirby’s Digest. At the trial of the cause the jury returned separate…
2Cases cited6 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Central Banking & Security Co. v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1913
- Gordon v. MooreSupreme Court of Arkansas · 1884
- Love v. GibsonSupreme Court of Florida · 1849
- Ruff v. MontgomeryMississippi Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Austin v. J. R. Watkins Company.Supreme Court of Arkansas · 1932