Rector v. Robins
Supreme Court of Arkansas
Appeal from Hempstead' Circuit Court. Action by J. N. Rector against W. H. Robins. Verdict and judgment were for defendant, and plaintiff appealed. STATEMENT BY THE COURT. This is an action on a promissory note. The complaint alleges that on April 9, 1900, Purdom, Roberson & Company executed their promissory note to the Howard County Bank for $350, due 90 days after date, with 'interest at 10 per cent, per annum from maturity.
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Appeal from Hempstead' Circuit Court. Action by J. N. Rector against W. H. Robins. Verdict and judgment were for defendant, and plaintiff appealed. STATEMENT BY THE COURT. This is an action on a promissory note. The complaint alleges that on April 9, 1900, Purdom, Roberson & Company executed their promissory note to the Howard County Bank for $350, due 90 days after date, with 'interest at 10 per cent, per annum from maturity. That two payments had been made on said note as follows: $82.65 on-June 9> 1900, and $7.60 on August 3, 1900, and that there had been no other payments. That the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) We could not disturb the vérdict on the evidence, and the questions for decision are purely questions of law.
1. The first instruction given at the request of the appellee tells the jury that the burden was upon the plaintiff to establish by a preponderance of the evidence that the defendant, W. H Robins, was a member of the firm of Purdon, Roberson & Company at the time the note sued on was executed; and, unless such fact was established, the jury should find for the defendant. This was erroneous. The court had given at the request of the'plaintiff the…
2Cases cited13 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Bolling v. StateSupreme Court of Arkansas · 1891
- Meyer v. KrohnIllinois Supreme Court · 1885
- Culley & Son v. EdwardsSupreme Court of Arkansas · 1884
- Johnson v. RothschildsSupreme Court of Arkansas · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Herman Kahn Co. v. BowdenSupreme Court of Arkansas · 1906
- Buford v. LewisSupreme Court of Arkansas · 1908
- McCurry v. HawkinsSupreme Court of Arkansas · 1907
- Roach v. RectorSupreme Court of Arkansas · 1909
20 more not listed; retrieve them via the Exa API.