Chism v. Toomer
Supreme Court of Arkansas
APPEAL ER0M JOHNSON CIRCUIT COURT. Hon. William N. May, Circuit Judge. Eirst, The obligation filed before the Justice, as the foundation of the suit, shows no canse of action, and the Circuit Court should have dismissed the case, on appeal.
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APPEAL ER0M JOHNSON CIRCUIT COURT. Hon. William N. May, Circuit Judge. Eirst, The obligation filed before the Justice, as the foundation of the suit, shows no canse of action, and the Circuit Court should have dismissed the case, on appeal. Jjatham vs. Jones, 6 Ark., 371; Dicus vs. Bright, 23, Ark., 110,; Levy vs. Shurman, 6 Ark., 182.' Second, The court erred in sustaining the demurrer to the answer — it showed a material alteration of the instrument sued on, and was good as a special plea of non est factum. Story on Prom. Notes, 6 ed. see. 408; a and notes; Brown vs. Briggs, 20 Ind., 139;…
1Opinion of the CourtMcClure, C. J.
-Suit was commenced before a Justice of the Peace, of Franklin county, in November 1860, by Joshua Toomer, on the following instrument:
“ One day after date we or either of us promise to pay J ames Patterson, Internal Improvement Commissioner, one hundred and ten dollars, for value received, with ten per cent, per annum from date.
Witness our hands and seals.
January 24, 1857.
(Signed)
1). A. R. Mays, [Seal.]
(4. II. Ciiism, [Seal.]
W. M. .Black, [Seal.]”
Chism, only, was served with process. After several mistrials before the Justice of the Peace, judgment was rendered in favor of Chism, and Toomer…
2Cases cited4 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- President of the Bank of the United States v. RusselSupreme Court of Pennsylvania · 1802
- Richmond Manufacturing Co. v. DavisIndiana Supreme Court · 1845
- Wiley v. MoorSupreme Court of Pennsylvania · 1828
3Cited by4 opinions
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Keller v. State BankIllinois Supreme Court · 1920
- Robertson v. Southwestern Co.Supreme Court of Arkansas · 1918
- Jones v. Bank of HoratioSupreme Court of Arkansas · 1912