Elkins v. Henry Vogt Machine Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; statement by the court. Appellee Machine Company brought suit upon three promissory notes signed by James Elkins, W. D. Ray-winkle, C. C. Edwards and H. E. Watson for the aggregate amount thereof. The notes were given for machinery to be used for ■ the erection of an ice plant by a partnership known as the Kensett Ice & Gin Company, composed of said individuals.
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Appeal from White Circuit Court; J. M. Jackson, Judge; statement by the court. Appellee Machine Company brought suit upon three promissory notes signed by James Elkins, W. D. Ray-winkle, C. C. Edwards and H. E. Watson for the aggregate amount thereof. The notes were given for machinery to be used for ■ the erection of an ice plant by a partnership known as the Kensett Ice & Gin Company, composed of said individuals. Only the defendants, Elkins and Raywinkle answered, denying the plaintiff’s right to recover against them and alleged that-they had sold their interest in the machinery to C. C.…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) The answer sufficiently alleged a defense to the suit, but the burden of proof was upon the defendants, appellants, to establish the truth thereof.
“Novation is the substitution by mutual agreement of one debtor, or of one creditor for another whereby the old debt is extinguished, or the substitution of a new debt or obligation for an existing one, which is thereby extinguished,” * * * * 29 Cyc. 1130.
“It is not essential that the assent to and acceptance of the terms of the novation be shown by express words to that effect, but the same may be implied from…
2Cases cited4 opinions
- Walker v. WoodIllinois Supreme Court · 1897
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- De Witt v. MonjoAppellate Division of the Supreme Court of the State of New York · 1900
- Brigham v. Dardanelle & Russellville Railway Co.Supreme Court of Arkansas · 1912
3Cited by19 opinions
- Ward v. Worthen Bank & Trust Co., N.A.Supreme Court of Arkansas · 1984
- Alston v. BitelySupreme Court of Arkansas · 1972
- McIllwain v. Bank of HarrisburgCourt of Appeals of Arkansas · 1986
- Simmons National Bank v. DaltonSupreme Court of Arkansas · 1960
- Dunlop Tire and Rubber Corporation v. Fred Thompson, D/B/A Etc.Court of Appeals for the Eighth Circuit · 1959
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