Vandeventer v. Davis
Supreme Court of Arkansas
Appeal from Conwa3'- Circuit Court; Hugh Basham, Judge; Appellee’s coverture is no defense to this action. A married woman may borrow money to lend or give to her minor children (as is the case here), or to use for any other purpose, and is liable upon her promissory note given for such borrowed money. 62 Ark. 146; 43 Ark. 163; 70 Ark. 5; 78 Ark. 275. The testimony of all the witnesses, except that of appellant herself, goes to show that Mrs. Davis signed the note as surety…
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Appeal from Conwa3'- Circuit Court; Hugh Basham, Judge; Appellee’s coverture is no defense to this action. A married woman may borrow money to lend or give to her minor children (as is the case here), or to use for any other purpose, and is liable upon her promissory note given for such borrowed money. 62 Ark. 146; 43 Ark. 163; 70 Ark. 5; 78 Ark. 275. The testimony of all the witnesses, except that of appellant herself, goes to show that Mrs. Davis signed the note as surety only. Appellant’s statement that she loaned the money to Mrs. Davis is a mere conclusion. Whether or not appellee signed…
1Opinion of the CourtMcCulloch, C. J.
Mrs. Vandeventer sued Mrs. Davis on a promissory note for $1,000, executed by the latter jointly with her two sons, Charles and Lawrence Davis. On the face of the paper all three appeared as joint makers, the signature of Mrs. Davis being first. But she claims that she executed the note as surety for her sons for money lent by Mrs. Vandeventer to them, and she pleaded her coverture as a defense against liability as such surety. Mrs. Vandeventer testified in substance that she lent the money to Mrs. Davis to use in establishing her sons in business; that the negotiations were carried on…
2Cases cited3 opinions
- Vestal v. KnightSupreme Court of Arkansas · 1891
- Sidway v. NicholSupreme Court of Arkansas · 1896
- Arnold v. McBrideSupreme Court of Arkansas · 1906
3Cited by6 opinions
- Falk v. SalarioSupreme Court of Florida · 1933
- Maryland Casualty Co. v. GunterCourt of Appeals of Texas · 1942
- Tancred v. First National BankSupreme Court of Arkansas · 1916
- First National Bank v. HoldingMontana Supreme Court · 1931
- McDaniel v. Jonesboro Trust Co.Supreme Court of Arkansas · 1917
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