Legal Opinion

Bush v. Sproat

Supreme Court of Arkansas

Decided November 15, 1884PublishedCited by 4 opinions

APPEAL from Miller Circuit Court. Hon. C. E. Mitchell, Circuit Judge. The evidence as to the oral contract to take interest in the land in discharge of appellant’s note was inadmissible under the issue raised by the answer. Appellee pleaded payment and the evidence tends to show, if anything, accord aud satisfaction. Our code has not abrogated all the old landmarks, nor gone to the extent of abolishing the rule that the allegations and proof must agree.

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APPEAL from Miller Circuit Court. Hon. C. E. Mitchell, Circuit Judge. The evidence as to the oral contract to take interest in the land in discharge of appellant’s note was inadmissible under the issue raised by the answer. Appellee pleaded payment and the evidence tends to show, if anything, accord aud satisfaction. Our code has not abrogated all the old landmarks, nor gone to the extent of abolishing the rule that the allegations and proof must agree. Under the plea of payment evidence of accord and satisfaction is inadmissible. 15 Arle., 651. This is not changed by See. 4611, Gantt’s Dig.;…

1Opinion of the CourtSmith, J.

Bush declared upon a promissory note; Sproat pleaded payment.

The undisputed facts were, that the plaintiff had sold the defendant a tract of land for $500. Three notes were taken ior the purchase money : No. 1, for $200, due at six months and which had been transferred to one Deutsehman ; No. 2, for $200, due at twelve months and which is the note now in suit; No. 3, for $100, due at eighteen months and which had been transferred to Bramble. Sproat also owed an account to Byrne, and had agreed in writing to convey to him his interest in the land in satisfaction of the demand. This interest…

2Cases cited5 opinions

  1. Farmers' and Citizens' Bank v. . ShermanNew York Court of Appeals · 1865
  2. Morehouse v. NorthropSupreme Court of Connecticut · 1866
  3. Hart v. CrawfordIndiana Supreme Court · 1872
  4. Tinsley v. RyonTexas Supreme Court · 1853
  5. Miller's Administrator v. YoungU.S. Circuit Court for the District of District of Columbia · 1812

3Cited by4 opinions

  1. Finley v. PewWyoming Supreme Court · 1922
  2. Williams v. UzzellSupreme Court of Arkansas · 1913
  3. Toulmin & Toulmin v. UnderwoodSupreme Court of Arkansas · 1927
  4. Edgerton v. WestSupreme Court of Florida · 1901

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