Legal Opinion

Killian v. Ashley

Supreme Court of Arkansas

Decided June 15, 1867PublishedCited by 10 opinions

Appeal from Pulaski Circuit Court. Hon. Libeety Bartlett, Circuit Judge. That the maker, indorser, and guarantor who subscribes a note on the back for that purpose, may be joined in debt for the recovery of the note is well settled under our statute, and understood to need reference to no authorities ; nor is it necessary to refer to any on the point, that the releasing of a valid lien upon lands held by the payee in security for the payment of a bond would be a good…

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Appeal from Pulaski Circuit Court. Hon. Libeety Bartlett, Circuit Judge. That the maker, indorser, and guarantor who subscribes a note on the back for that purpose, may be joined in debt for the recovery of the note is well settled under our statute, and understood to need reference to no authorities ; nor is it necessary to refer to any on the point, that the releasing of a valid lien upon lands held by the payee in security for the payment of a bond would be a good consideration for the guarantor’s undertaking. In setting out a contract of guaranty in the declaration, it is not necessary to…

1Opinion of the CourtChief Justice WalKek

This is an action of.debt brought by Killian against the defendants, Joseph O. and William E. Ashley, upon a writing obligatory, executed on the 12th of February, 1859, by William B. Easley to Joseph O. Ashley, for one thousand dollars, and assigned by Joseph O. Ashley to James B. Iieatts, and by Eeatts to the plaintiff. Upon the back of the writing obligatory the name of William E. Ashley is endorsed in blank.

The declaration contains two counts; the first is against Joseph O. Ashley as endorser, and William E. Ashley as guarantor. The second is against Joseph 0. Ashley as endorser and…

2Cases cited2 opinions

  1. McLaren v. Watson's ExecutorsNew York Supreme Court · 1841
  2. Cooper & Peabody v. DedrickNew York Supreme Court · 1856

3Cited by10 opinions

  1. Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
  2. Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928
  3. Lake v. Little Rock Trust Co.Supreme Court of Arkansas · 1905
  4. Colvin v. GloverSupreme Court of Arkansas · 1920
  5. Corbyn v. BrokmeyerMissouri Court of Appeals · 1900

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