Ford v. Ward
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Hon. James M. Hanks, Circuit Judge. The plea 'of limitation was a meritorious defense, and it was error for the court below to refuse to receive it before the cause- - was submitted. Code of Practice, p. 61, secs. 156-56. ■ The court erred in not giving the second instruction asked by Ford, that is, “a past "consideration will not support a promise.”
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Appeal from St. Francis Circuit Court. Hon. James M. Hanks, Circuit Judge. The plea 'of limitation was a meritorious defense, and it was error for the court below to refuse to receive it before the cause- - was submitted. Code of Practice, p. 61, secs. 156-56. ■ The court erred in not giving the second instruction asked by Ford, that is, “a past "consideration will not support a promise.” See 1 Parsons on Contracts, p. 81J5, et seq.; Williams v. Perkins, 21 Ark., 18. The damages are excessive, and the verdict must be set aside. 88 Ark., 215; 9 lb., 895; 19 lb., 284; 15 lb., 845; Opinion of…
1Opinion of the CourtBennett, J.
This was an action of assumpsit, commenced by attachment,, brought by the appellee against appellant, in the St. Francis circuit court. Declaration in the common counts, for services rendered as superintendent of plantation and attention to business of Ford, by Ward, and for money paid, goods furnished* etc.
Ford answered, denying the performance of services, the purchase of goods, etc., and averring that plaintiff took control of plantation without consent of defendant, and averring that plaintiff is indebted to defendant in a large sum, for rent and damages.
Bpon the trial of the cause,…
2Cases cited2 opinions
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- McClintock v. LarySupreme Court of Arkansas · 1861
3Cited by7 opinions
- Mooney v. TylerSupreme Court of Arkansas · 1900
- Nissen v. FlournoySupreme Court of Arkansas · 1923
- Davis v. TrimbleSupreme Court of Arkansas · 1905
- Estate of Reeves v. MooreIndiana Court of Appeals · 1892
- Lewis v. LewisSupreme Court of Arkansas · 1905
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