Texarkana & Fort Smith Railway Co. v. Bemis Lumber Co.
Supreme Court of Arkansas
Appeal from Little River Circuit Court. STATEMENT BY THE COURT. "Appellee sued appellant on the following note: “$300. Texarkana, Tex., November 16, 1891. “Sixty days after date we promise to pay to the order of A. Weinstein three hundred dollars at---. If collected by law or placed for collection, we agree to pay 10 per cent, for attorney fees. [Signed] “Texarkana & Ft. Smith Railway Co. “By W. L. Whitaker, President.”
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Appeal from Little River Circuit Court. STATEMENT BY THE COURT. "Appellee sued appellant on the following note: “$300. Texarkana, Tex., November 16, 1891. “Sixty days after date we promise to pay to the order of A. Weinstein three hundred dollars at---. If collected by law or placed for collection, we agree to pay 10 per cent, for attorney fees. [Signed] “Texarkana & Ft. Smith Railway Co. “By W. L. Whitaker, President.” Indorsed on face: “Protested for non-payment January 21, 1892. [Signed] “W. Estes, Notary Public.” Indorsed on back: “W. L. Whitaker, Benj. Whitaker. “Assigned to Bemis Lumber…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appellant contends,
first, that it is not liable, because “the note in suit was executed by its president, W. L. Whitaker, solely for his own private accommodation.” On this point the court instructed the jury as follows: “If you believe from the evidence that the note sued on was executed by W. L. Whitaker for his own private use or accommodation, and that the defendant received no consideration therefor, and that such facts were known to the plaintiff or to said Weinstein before Weinstein lent the money to Whitaker, then you should find for the defendant.”…
2Cases cited6 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- McCormick v. Market BankSupreme Court of the United States · 1897
- Northside Railway Co. v. WorthingtonTexas Supreme Court · 1895
- Mining Co. v. Anglo-Californian BankSupreme Court of the United States · 1881
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Bodcaw Oil Co. v. Atlantic Refining Co.Supreme Court of Arkansas · 1950
- Stiewel v. Webb Press Co.Supreme Court of Arkansas · 1906
- El Dorado Improvement Co. v. Citizens' BankSupreme Court of Arkansas · 1908