Skillern v. Baker
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; STATEMENT BY THE COURT. On the 5th day of January, 1901, James J. Gibhart borrowed $100 from the Howard County Bank, and gave a promissory note therefor to the bank payable in sixty days with ten per cent, interest. On the 6th day of March, 1901, Gibhart borrowed an additional sum of $130 from the same bank, and gave a note therefor payable in 65 days with ten per cent, interest.
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Appeal from Howard Circuit Court; James S. Steel, Judge; STATEMENT BY THE COURT. On the 5th day of January, 1901, James J. Gibhart borrowed $100 from the Howard County Bank, and gave a promissory note therefor to the bank payable in sixty days with ten per cent, interest. On the 6th day of March, 1901, Gibhart borrowed an additional sum of $130 from the same bank, and gave a note therefor payable in 65 days with ten per cent, interest. Both of these notes were signed by Gibhart and by H. N. Baker, Gibhart being the principal debtor and Baker his surety. When the notes became due, they were…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The question presented by this appeal is whether the court was justified under' the state of the evidence in directing the jury to return a verdict for the defendant. The plaintiffs had made a prima facie case by introducing promissory notes which the defendant and one Gibhart had executed to the bank. The defendant, Baker, admitted that he had signed these notes as surety to enable Gibhart, the principal in the note, to borrow money from the bank, and it is not claimed that the notes had been paid. But the defendant testified that after the notes became…
2Cases cited6 opinions
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- Miller v. White River School TownshipIndiana Supreme Court · 1885
- Berry v. LintonSupreme Court of Arkansas · 1838
- Talcott v. MeigsSupreme Court of Connecticut · 1894
- Ruiz v. . RenauldNew York Court of Appeals · 1885
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3Cited by63 opinions
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- Lilly v. Robinson Mercantile Co.Supreme Court of Arkansas · 1913
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