Fletcher v. Menken
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. I. The signature of appellants to the cross-bond, after it had been accepted, and the property restored “was unwarranted by law, and should not have been allowed. Delivery was as essential as signing, and when they signed the bond, it had already been delivered, and there was, in fact, no delivery by them.” Hynes v. Dickinson, 32 Ark., 777 ; ■see also, Dudley v. Goodrich, 16 How.
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APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. I. The signature of appellants to the cross-bond, after it had been accepted, and the property restored “was unwarranted by law, and should not have been allowed. Delivery was as essential as signing, and when they signed the bond, it had already been delivered, and there was, in fact, no delivery by them.” Hynes v. Dickinson, 32 Ark., 777 ; ■see also, Dudley v. Goodrich, 16 How. Prac., 189 ; Hartford Q. Go. v. Pendleton, 4 Abb. Prac., 40. II. The value stated in the bond was conclusive on the ■court. Drake on Attachment, 5…
1Opinion of the CourtEnglish, C. J.
Menken Bros. & Co. brought this action in the Pulaski Circuit Court, against Hersh Jacobi and Amelia Jacobi, as makers of a note, and Probst & Hilb, as ■endorsers.
The note was for $375, dated, Little Bock., Sept. 15, 1876, payable six months after date, to the order of Probst ■& Hilb, at the German bank, and by them endorsed.
It appears that with the complaint, plaintiffs filed an affidavit, stating; in substance, that the claim in the action against Hersh and Amelia Jacobi was for money due upon a. promissory note; that it was a just claim ; that they ought, as they believed, to recover…
2Cited by8 opinions
- Files v. DavisU.S. Circuit Court for the District of Eastern Arkansas · 1902
- Sibeck v. McTiernanSupreme Court of Arkansas · 1910
- Dent v. Farmers' & Merchants' BankSupreme Court of Arkansas · 1924
- Layton v. LintonSupreme Court of Arkansas · 1923
- Arnold v. McLellanSupreme Court of Oklahoma · 1910
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