Brown v. Callaway
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court, Hon. J. W. Martin, Circuit Judge. Several of the same series of notes as the one sued on* had been declared void by the Pulaski circuit court, and said judgment was a bar to a recovery in this suit. Appellee was only entitled to recover the amount due on the note to the party from whom he received it at the date-of the trial.
Read the full summary
APPEAL from Pulaski Circuit Court, Hon. J. W. Martin, Circuit Judge. Several of the same series of notes as the one sued on* had been declared void by the Pulaski circuit court, and said judgment was a bar to a recovery in this suit. Appellee was only entitled to recover the amount due on the note to the party from whom he received it at the date-of the trial. The purchase of a franchise of a railroad at execution sale is void, and the conveyance so acquired is nullity» Pierce on Railroads, sec. -,
1Opinion of the CourtEakin, J.
Calloway, receiver in chancery, in a suit which had been instituted to subject the effects of the firm of Scarborough & Co., of which Sophia Reading was a member, to distribution amongst its creditors, came into possession of a promissory note for $500, executed by J. T. Brown, Jr., to Sophia Reading, This note had been endorsed and placed in the hands of the Merchants National Bank as collateral security for a loan of $250, made by the bank to said firm. The bank was a party to the creditors’ suit in chancery, and was allowed to come in and participate-in the general distribution of the…
2Cited by2 opinions
- Miles v. DodsonSupreme Court of Arkansas · 1912
- Fox v. StateSupreme Court of Arkansas · 1912