Scott v. State Bank
Supreme Court of Arkansas
Writ of Error to the Crawford Circuit Court. Debt, by the Bank of the State of Arkansas against Scott, on a promissory note, determined in the Crawford circuit court, August Term, 1847, before the Hon. W. W. Floyd, judge.
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Writ of Error to the Crawford Circuit Court. Debt, by the Bank of the State of Arkansas against Scott, on a promissory note, determined in the Crawford circuit court, August Term, 1847, before the Hon. W. W. Floyd, judge. The defendant filed a special plea as follows: “ And now at this term comes the defendant, and craves oyer of the writing sued on in this case, and it is read to him in words and figures following, to wit: ‘$735. Fayetteville, 3d March, 1842. Six months after date we, John Dillard as principal, and J. A. Scott and W. Duval, as securities, jointly and severally promise to pay…
1Opinion of the CourtOldham, J.
The facts set up by the pica do not amount to a good defence. The note was signed and delivered to the agent of the Bank with the understanding that Duval should also sign it. A delivery to the agent of the bank as such was a delivery to the bank. Had the note been under seal, the facts pleaded would not amount to a good plea that it was delivered as an escrow. A' plea that a bond was delivered to the obligee, on conditions not performed, is not a good plea that it was delivered as an escrow. Reed vs. Latham, 1 Ark. R. 66. The principle is also applicable to a promissory note. Badcock vs.…
2Cases cited1 opinion
- Badcock v. SteadmanConnecticut Superior Court · 1783