Tedford v. Chick
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. Appellant was a bona fide holder of the note and mortgage, in the usual course of business for a valuable consideration before maturity and without any knowledge of any defense that could be made. Swift v. Tyson, 16 Peters 1; 85 111. 439; Acts 1903, No. 81, § § 57-8-9; 62 Ark. 595; 4 A. & E. Enc. Law, 221; 20 How.
Read the full summary
Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. Appellant was a bona fide holder of the note and mortgage, in the usual course of business for a valuable consideration before maturity and without any knowledge of any defense that could be made. Swift v. Tyson, 16 Peters 1; 85 111. 439; Acts 1903, No. 81, § § 57-8-9; 62 Ark. 595; 4 A. & E. Enc. Law, 221; 20 How. (U. S.) 343. 2. The chancellor relied on 62 Ark. 595, but overlooked the act of 1903, No. 81. The assignment was not without recourse, nor did it destroy the negotiability of the instruments. Neeley v. Black, 80…
1Opinion of the CourtHart, J.
Lillian Beeber, Francis M. Chick and Carrie L. Chick instituted this action in the chancery court against R. E. Chambers, R. R. McIntosh and the Tedford Auto Company. The object of the suit was to set aside and cancel a note and mortgage for eight hundred dollars given by Francis M. and Carrie L. Chick to R. R. McIntosh. The complaint alleges substantially the following state of facts:
Carrie L. and Francis M. Chick owned certain real estate in the city of Little Rock, upon which there was a mortgage for six hundred dollars. They listed the property for sale or exchange with the defendant…
2Cases cited3 opinions
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Beecher v. BeecherSupreme Court of Arkansas · 1907
- Murphy v. Citizens' BankSupreme Court of Arkansas · 1907
3Cited by7 opinions
- Jesseph v. LeveridgeSupreme Court of Arkansas · 1943
- Bailey v. SuttonSupreme Court of Arkansas · 1945
- Haynie v. DicusSupreme Court of Arkansas · 1947
- Bolin v. KelleySupreme Court of Arkansas · 1943
- Alston v. ZionSupreme Court of Arkansas · 1918
2 more not listed; retrieve them via the Exa API.