Lewis v. Arnn
Supreme Court of Arkansas
Appeal from Sharp Circuit Court, Southern District; J. B. Baker, Judge; 1. The evidence merely tends to show an accord without satisfaction. The notes and mortgage were never executed. The accord contemplated valid mortgages; this was not complied with.
Read the full summary
Appeal from Sharp Circuit Court, Southern District; J. B. Baker, Judge; 1. The evidence merely tends to show an accord without satisfaction. The notes and mortgage were never executed. The accord contemplated valid mortgages; this was not complied with. Kirby & Castle’s Digest, § 6408. Hence there was no satisfaction. 2. The court erred in giving instruction No. 2. There was no evidence upon which to- base it and it was pernicious as it authorized the jury to assume that an unrecorded mortgage on crops to be grown two years in the future would be good. 3. It was error to permit counsel to…
1Opinion of the CourtMcCulloch, C. J.
This is the second appearance of this case here on appeal, the plaintiff, as before, being the appellant, 127 Ark. 106. It is an action against appellees to recover judgment for the value of two cows claimed to be the property of appellant which appellees had bought from one Conyers.
In the last trial the only defense was that appellant had entered into an agreement with Conyers for a settlement of the claim for the value of the cows by the execution and delivery to appellant of three promissory notes for the sum of $100 each and a chattel mortgage to secure the payment of said notes, and that…
2Cases cited1 opinion
- Lewis v. ArnnSupreme Court of Arkansas · 1917