Burke v. Snell
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. G. B. UbNisoN, Special Judge. 1. The court erred in permitting appellee to file their ■second answer pleading payment, after the testimony had been concluded and the argument of counsel made, and in remarking in the presence of the jury, that evidence had been introduced to sustain two defenses, accord and satisfaction ■and payment.
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APPEAL from Nevada Circuit Court. Hon. G. B. UbNisoN, Special Judge. 1. The court erred in permitting appellee to file their ■second answer pleading payment, after the testimony had been concluded and the argument of counsel made, and in remarking in the presence of the jury, that evidence had been introduced to sustain two defenses, accord and satisfaction ■and payment. Secs, J¡,611 to 1¡.621¡,, Gantt’s Digest; Const., art. 7, sec. 21¡.. 2. The first instruction for appellee was abstract and misleading. 16 Ark., 617; 23 lb., 289. 3. The second instruction for appellee should not have been…
1Opinion of the CourtSmith, J.
This was an action against John E. Snell on ■a promissory note for $272.93, made by him and Stephen A. Snell, May 28, 1875, and credited January 26, 1876, with $132.15. Before answer filed, Burke, the plaintiff, who was the payee and holder of said paper, died, and the ■cause was revived in the name of his executrix. The defendant pleaded that in July, 1875, Burke bad accepted the individual note of Stephen A. Snell, secured by deed of trust, in full satisfaction of the original debt, and had agreed to deliver up the note herein sued upon, and to release defendant, and that said deed of trust…
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