Hanly v. Gaines
Supreme Court of Arkansas
This was an action of assumpsit, determined in the Phillips Circuit Court, in January, 1842, before the Hon. William K. Sebastian, one of the circuit judges. Gaines sued Hanly and Biscoe, on a note, executed by them and Wm. B. Anderson to him, negotiable and payable in the Real Estate Bank, at Helena.
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This was an action of assumpsit, determined in the Phillips Circuit Court, in January, 1842, before the Hon. William K. Sebastian, one of the circuit judges. Gaines sued Hanly and Biscoe, on a note, executed by them and Wm. B. Anderson to him, negotiable and payable in the Real Estate Bank, at Helena. The defendants demurred, on several grounds, reducible into two: that no presentment ánd demand was alleged in the declaration, and that the breach was insufficient, in not negativing payment by Anderson. Demurrer overruled, and oyer craved, and granted by filing the original. The defendants…
1Opinion of the Court
By the Court,
Paschal, J.
The plaintiSs in error in this case, by pleading over, and by moving for a new trial, waived their demurrer, and now present the case upon the single question of the sufficiency of the evidence to support the action. The only evidence was a ne-notiable note, payable in bank; and no demand being averred in the declaration, of course none could be legally proven. By our statute, the remedy on bills of exchange, foreign and inland, and on promissory notes or obligations payable in bank, shall be governed by the rules of the law merchant, as to days of grace, protest, and…
2Cases cited1 opinion
- Sumner v. Ford & Co.Supreme Court of Arkansas · 1841
3Cited by1 opinion
- Hawkins v. WatkinsSupreme Court of Arkansas · 1845