McDaniel v. Grace
Supreme Court of Arkansas
Agypedl from the Oi/rcmt Ooxvrt of Jefferson Ooxmty. Hon. J. C. Murray, Circuit Judge. In a plea of failure of consideration, tbe facts must be set out wherein it has failed. Eicleson vs. Bxvrh, 1 Eng. 412/ Oheney, use, c&o. vs. Higginbotham, 5 Eng. 213. Such plea must ayer a complete failure. Willit vs. For-mm, 3 J. J. Marsh. 292. A plea, admitting consideration/but denying its validity in law, is not supported by proof of no consideration, or a failure of consideration.
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Agypedl from the Oi/rcmt Ooxvrt of Jefferson Ooxmty. Hon. J. C. Murray, Circuit Judge. In a plea of failure of consideration, tbe facts must be set out wherein it has failed. Eicleson vs. Bxvrh, 1 Eng. 412/ Oheney, use, c&o. vs. Higginbotham, 5 Eng. 213. Such plea must ayer a complete failure. Willit vs. For-mm, 3 J. J. Marsh. 292. A plea, admitting consideration/but denying its validity in law, is not supported by proof of no consideration, or a failure of consideration. Ooyle vs. Fowler, 3 J. J. Marsh. 472. This must be a plea admitting consideration, but denying its validity in law: and if…
1Opinion of the CourtChief Justice English
This was an action of debtj brought by James McDaniel, in the Jefferson Circuit Court, against William P. Grace and Robert E. Waters, upon the following obligation :
“$1200. On the 1st day of March, A. D. 1852, we promise to pay Elias Hooper, the sum of twelve hundred dollars, for value received of him. Witness our hands and seals, this March 31st, A. D. 1851.
GRACE & WATERS, [Seal.]”
Which was assigned by Hooper to Moses Belcher, on the 1st day of April, 1851; and, on the next day, assigned by Belcher to the plaintiff.
The defendant, Waters, pleaded non est factum, to which plaintiff filed a…
2Cases cited9 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Green v. LiterSupreme Court of the United States · 1814
- Stevens v. StevensNew York Supreme Court · 1819
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Davis v. MasonSupreme Court of the United States · 1828
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3Cited by7 opinions
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Stewart v. SimonSupreme Court of Arkansas · 1914
- Luttrell v. ReynoldsSupreme Court of Arkansas · 1896
- Elliott v. PearceSupreme Court of Arkansas · 1859
- Martin v. ForemanSupreme Court of Arkansas · 1856
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