Smith v. McLaughlin
Supreme Court of Arkansas
Appeal from Carroll ¡Chancery Court; T. R. Humphreys, Chancellor; STATEMENT BY THE COURT. Appellant brought .suit to recover judgment for the amount of a note executed to his order by appellee, and to foreclose a mortgage given to secure this note. The note and mortgage were filed as exhibits to the complaint.
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Appeal from Carroll ¡Chancery Court; T. R. Humphreys, Chancellor; STATEMENT BY THE COURT. Appellant brought .suit to recover judgment for the amount of a note executed to his order by appellee, and to foreclose a mortgage given to secure this note. The note and mortgage were filed as exhibits to the complaint. Appellee answered, admitting the execution of the note, but alleged that there was an understanding at the time of its execution, between himself and appellant, that he was not to be bound personally by such note but that appellant was to look solely to the'mortgage for the collection…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think the demurrer to the answer should have been sustained. The execution of the note and mortgage is admitted, but the answer contains no ‘allegation that there was any misunderstanding of what these instruments purported to be, nor that appellee was unacquainted with their contents, nor that 'any fraud was practiced upon him in procuring his signature. The substance of the defense is that, :at the time of the execution of these instruments, there was an understanding which contravened the purport and tenor of the recitals of the note and mortgage.…
2Cases cited8 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Martin v. ColeSupreme Court of the United States · 1881
- Cox v. SmithSupreme Court of Arkansas · 1911
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Bradley Gin Co. v. J. L. Means Machinery Co.Supreme Court of Arkansas · 1910
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3Cited by2 opinions
- Atkins v. GarnerSupreme Court of Arkansas · 1953
- Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921