Johnson v. Graham Bros.
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; statement by tpie court. On May 27, 1909, Frances M. Johnson executed a note to Graham Bros. Company, a corporation, for the sum of $6,000, with interest at the rate of seven per cent., payable semiannually. The note was due May 27, 1911. The note was secured by deed of trust executed by Mrs. Johnson to S. M. Stuckey, trustee, in favor of Graham Bros. Company, the beneficiary and payee of the note.
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Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; statement by tpie court. On May 27, 1909, Frances M. Johnson executed a note to Graham Bros. Company, a corporation, for the sum of $6,000, with interest at the rate of seven per cent., payable semiannually. The note was due May 27, 1911. The note was secured by deed of trust executed by Mrs. Johnson to S. M. Stuckey, trustee, in favor of Graham Bros. Company, the beneficiary and payee of the note. The deed of trust included lots 1, 2 and 3 in Lyon’s Addition to Newport; lot 5, block 2, in Davis’s Addition, and lots 3 and 4…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. In Beal & Doyle Dry Goods Co. v. Barton, 80 Ark. 326, it is held that “a note or agreement whose consideration is the prevention or dismissal of a criminal prosecution is void, even though the amount represents a debt due the payee.” Therefore the only question here is whether or not the note and deed of trust in controversy were executed by appellant upon an agreement with those representing the Graham Bros. Company that the indictments pending in the Jackson Circuit Court against her husband should be dismissed. If such was the understanding, the note…
2Cases cited7 opinions
- Roberts v. Wilcoxson & RoseSupreme Court of Arkansas · 1880
- Criscoe v. HambrickSupreme Court of Arkansas · 1886
- Beal & Doyle Dry Goods Co. v. BartonSupreme Court of Arkansas · 1906
- Rogers v. BlytheSupreme Court of Arkansas · 1889
- Kirkland v. BenjaminSupreme Court of Arkansas · 1900
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3Cited by4 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Walker v. Arkansas Nat. Bank of Hot SpringsCourt of Appeals for the Eighth Circuit · 1919
- Winter v. LewisSupreme Court of Arkansas · 1918
- Hughes v. HarrisonSupreme Court of Arkansas · 1941