Sykes v. Lafferry
Supreme Court of Arkansas
APPEAL FROM JOHNSON CIRCUIT COURT. IIon. "W\ N. May, Circuit Judge. The consideration for the note was the debt of Draper to Sykes, and not that of Lafferry to Draper, or rather it was a new debt, the consideration of which was the discharge of the old debt; 1 Parsons on Cord., 221. It was a case of new parties by novation; Id. 217, and authorities cited.
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APPEAL FROM JOHNSON CIRCUIT COURT. IIon. "W\ N. May, Circuit Judge. The consideration for the note was the debt of Draper to Sykes, and not that of Lafferry to Draper, or rather it was a new debt, the consideration of which was the discharge of the old debt; 1 Parsons on Cord., 221. It was a case of new parties by novation; Id. 217, and authorities cited. Such cases are not within the statute of frauds; the original debt did not remain, but was discharged; 3 Parsons Conts., 20-23-24; Nelson vs. Boynton, 3 Met., 396 ; Williams vs. Leper, 3 Burr., 186; Peal Estate Bank vs. Pcaodon, 5 Ark., 558.…
1Opinion of the CourtGregg, J.
On the 20ill of -May, 1866, appellant sued appellee on a note for §30, and obtained judgment in a justice’s court, from which the appellee appealed to the Circuit Court, and judgment was there rendered in his favor for want of jurisdiction, which judgment was reversed on appeal to this court. 25 Ark., 99.
The cause being remanded, in September, 1868, a trial was had in the Circuit Court upon the merits, and a finding and judgment for the appellee, and the ease is again before this court upon ah appeal.
The appellee set up. a failure of consideration as a defense to the action.
The following…
2Cases cited1 opinion
- Smith v. WeedNew York Supreme Court · 1838
3Cited by4 opinions
- Little Rock v. National BankSupreme Court of the United States · 1878
- Kelly v. KeithSupreme Court of Arkansas · 1905
- Lay v. BrownSupreme Court of Arkansas · 1912
- Skinner v. FisherSupreme Court of Arkansas · 1915