Ellis v. Terrell
Supreme Court of Arkansas
Appeal from Polk Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This suit' was instituted by the appellant against the appellee to recover judgment on a promissory note of $200, which appellant alleged was executed by the appellee to appellant on the 1st day of December, 1906. The •note was made payable on the 1st day of December, 1911. It bore interest at the rate of 6 per cent per annum from date, and, in order to arrange the payment of interest to…
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Appeal from Polk Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This suit' was instituted by the appellant against the appellee to recover judgment on a promissory note of $200, which appellant alleged was executed by the appellee to appellant on the 1st day of December, 1906. The •note was made payable on the 1st day of December, 1911. It bore interest at the rate of 6 per cent per annum from date, and, in order to arrange the payment of interest to the time of maturity, appellee executed five interest coupon notes in favor of the appellant in the-sum of $12 each.…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellant contends that appellee did not set up in his answer a sufficient defense or plea of usury, but appellant did not challenge the sufficiency of the answer in the court below by demurrer or otherwise. He went to trial as if the issue were properly made, and we must so treat it here. The testimony was adduced on that issue, and appellant will not be heard here for the first time to raise the question that the answer was not sufficient.
The evidence was sufficient, in fact practically undisputed, to sustain the finding of the court to the effect that…
2Cases cited2 opinions
- Saint Louis, Iron Mountain & Southern Railway Co. v. CleereSupreme Court of Arkansas · 1905
- Brewer v. RustSupreme Court of Oklahoma · 1908
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- Green v. Conservative Loan Co.Supreme Court of Arkansas · 1922
- Cain v. StacySupreme Court of Arkansas · 1920
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