Bertrand v. Byrd
Supreme Court of Arkansas
Debt, determined in the Pulaski Circuit Court, in November, A. D. 1841, before the Hon. John J. Ctjgndenin, one of the Circuit Judges. Bertrand sued Bjrd, on an instrument signed by Byrd, in the following words: “Due C. P. Bertrand, for cash lent, three hundred dollars. May iO, 1840. _R. C. Byrd;” with the word “ seal” at the end of Byrd’s name, and a scrawl around it. The declaration described the instrument as a writing obligatory.
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Debt, determined in the Pulaski Circuit Court, in November, A. D. 1841, before the Hon. John J. Ctjgndenin, one of the Circuit Judges. Bertrand sued Bjrd, on an instrument signed by Byrd, in the following words: “Due C. P. Bertrand, for cash lent, three hundred dollars. May iO, 1840. _R. C. Byrd;” with the word “ seal” at the end of Byrd’s name, and a scrawl around it. The declaration described the instrument as a writing obligatory. Oyer and demurrer sustained, and final judgment for defendant. The case came up by writ of error.
1Opinion of the Court
By the Court,
Ringo, O. J.
The only question presented for the decision and judgment of this Court, is this: Does the law regard the instrument given on oyer as the foundation of the suit, as being unsealed ? If it is sealed, the declaration describes it truly, and the judgment upon the demurrer is wrong; but, if it be not sealed, the judgment is right.
It is precisely such an instrument as was adjudged by this Court, in the case of Jeffery vs. Underwood, 1 Ark. Rep. 108, to be sealed, and of course a writing obligatory, and is admitted by the defendant; but he insists that the law respecting…
2Cases cited1 opinion
- Jeffery v. UnderwoodSupreme Court of Arkansas · 1838
3Cited by1 opinion
- Cummins v. WoodruffSupreme Court of Arkansas · 1843