Coddington v. Brown
Supreme Court of Arkansas
Appeal from Sebastian Circuit.'Court, Fort Smith ■District; Paul Little, Judge; STATEMENT BY THE COURT. Appellant brought this suit against ' E. J. Wills, Stephen Brown and M. W. Murray, the sureties on hiá bond, for rent claimed to be due under a contract of lease of' the Majestic ¡Theatre Building in Fort Smith, with the property and appliances therein contained to be operated as a moving picture theatre. . By. the terms of the lease the building “together with all the…
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Appeal from Sebastian Circuit.'Court, Fort Smith ■District; Paul Little, Judge; STATEMENT BY THE COURT. Appellant brought this suit against ' E. J. Wills, Stephen Brown and M. W. Murray, the sureties on hiá bond, for rent claimed to be due under a contract of lease of' the Majestic ¡Theatre Building in Fort Smith, with the property and appliances therein contained to be operated as a moving picture theatre. . By. the terms of the lease the building “together with all the personal property in said building and connected therewith, which personal property is listed and described in .the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) The court erred in its refusal to render judgment against surety M. W. Murray. '“Where several parties are sued on a contract a successful plea by one going to the validity of the contract, or to the satisfaction or discharge of the debt, operates as a discharge to all the defendants but it is otherwise where the plea goes to the personal discharge of the partv interposing it.” Hall v. Bonville, 36 Ark. 494: McDonald v. Smith, 24 Ark. 614; Gunnells v. Latta, 86 Ark. 304.
In Simpson & Webb Furniture Co. v. Moore, 94. Ark. 347, the court held, (quoting…
2Cases cited3 opinions
- Snodgrass v. ShaderSupreme Court of Arkansas · 1914
- Gunnells v. LattaSupreme Court of Arkansas · 1908
- McDonald v. Smith Adm'rSupreme Court of Arkansas · 1867
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- First National Bank v. H & M Lumber Co.Supreme Court of Arkansas · 1972
- Lashbrooke v. ColeSupreme Court of Arkansas · 1916