Old National Bank v. Marcy
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; Allen Hughes, Judge; 1. The notes were executed, indorsed and payable in Indiana. The contractual rights of the parties are governed by the laws of Indiana.
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Appeal from Crittenden Circuit Court; Allen Hughes, Judge; 1. The notes were executed, indorsed and payable in Indiana. The contractual rights of the parties are governed by the laws of Indiana. Rorer on Interstate Law (2 Ed.), p. 85; 14 Ark. 189; 125 Ind. 375; 25 N. E. 452; 13 Pet. 65. Our courts take judicial notice of the lawá of Indiana. .Kirby’s Digest, § 7823. There being no statute governing the question in Indiana, the general law merchant applies. 118 Ind. 586; 21 N. E. 316; 61 Ark. 81; 32 S. W. 65. 2. The burden was on appellees to show that appellant had actual or constructive…
1Opinion of the CourtHill, C. J.
Appellee executed five promissory notes to Noble Machine Company, of Bort Wayne, Indiana, each for the sum of $300. The first one was due 97 days after date, and one fell due each month thereafter. The notes were plainly numbered on their face, No. 1, Nó. 2, etc. The notes were payable at appellant bank. They were assigned to the bank, and suit was brought by it upon them. The bank alleged that it was an innocent purchaser for value before maturity, and that was the only issue in the case. The evidence is uncontradicted that there was a partial failure of consideration, and the Noble Machine…
2Cases cited3 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Swift v. SmithSupreme Court of the United States · 1880
- Thompson v. LoveSupreme Court of Arkansas · 1895
3Cited by9 opinions
- Paika v. PerryMassachusetts Supreme Judicial Court · 1917
- Hogg v. ThurmanSupreme Court of Arkansas · 1909
- Harbison v. HammonsSupreme Court of Arkansas · 1914
- Jones v. JacksonSupreme Court of Arkansas · 1908
- Rowe v. ScottSouth Dakota Supreme Court · 1911
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