King v. Boles
Supreme Court of Arkansas
Appeal from Washington-'Chancery Court; T. II. Humphreys, Chancellor; 1. - A lawful tender of principal and interest was made and kept good. This stopped the interest and the costs should have been adjudged against plaintiff. 4 Ark. 251; 17 Id. 648; 37 Id. 110; 30 Id. 505; 31 Id. 429; 34 Id. 582; 83 Id. 484; 93 Id. 497; 96 Id. 156; 68 Id. 505, 521. 2. Payment to the agent, Jones, was payment to plaintiff.
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Appeal from Washington-'Chancery Court; T. II. Humphreys, Chancellor; 1. - A lawful tender of principal and interest was made and kept good. This stopped the interest and the costs should have been adjudged against plaintiff. 4 Ark. 251; 17 Id. 648; 37 Id. 110; 30 Id. 505; 31 Id. 429; 34 Id. 582; 83 Id. 484; 93 Id. 497; 96 Id. 156; 68 Id. 505, 521. 2. Payment to the agent, Jones, was payment to plaintiff. It was her duty to make, the endorsement of payment on the note. 5 Ark. 558. The mortgage should have been satisfied in full and the costs adjudged against the plaintiff. 1. The proof does…
1Opinion of the CourtHart, J.
Clementine Boles instituted this action in the chancery court against W. R. King and Bessie King, his wife, to recover judgment on a promissory note for $375.00, and to-foreclose a mortgage on their homestead in the city of Fayetteville, Washington County, Arkansas, given to secure the note. The defendants filed an answer, setting up that they had paid the note in suit. They further alleged that after this note had been paid, they borrowed $100.00 from the plaintiff. They alleged that prior to the institution of this action, they had tendered an amount equal to the principal and interest of…
2Cases cited1 opinion
- Abbott v. HerronSupreme Court of Arkansas · 1909
3Cited by1 opinion
- Misenhimer v. Perkins Oil Co.Supreme Court of Arkansas · 1970