Colvin v. Glover
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. Appellants were mere sureties for Belongy on the note. Parol evidence was admissible to show that fact. 92 Ark. 604; 54 Id. 97; 8 Cyc. 262 K. 2. Appellee having accepted interest which was not due, and thus extended the time of payment the sureties were released.
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Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. Appellants were mere sureties for Belongy on the note. Parol evidence was admissible to show that fact. 92 Ark. 604; 54 Id. 97; 8 Cyc. 262 K. 2. Appellee having accepted interest which was not due, and thus extended the time of payment the sureties were released. No place of payment having been specified in the note, each of the parties were entitled to presentment for payment when due, and the note not having been presented for payment, the sureties were released. Acts 1913, No. 81, § 78; K. & C. Dig., § 7018. 3. Appellee having at…
1Opinion of the CourtMcCulloch, C. J.
Appellee sued appellants, G. B. Colvin and P. M. Day, as joint makers with one P. M. Belongy of a negotiable promissory note to appellee for the sum of $300, bearing date of January 18, 1916 and payable nine months after date, with interest from date at ten per cent, per annum.
Belongy was not sued, and appellants defended on the ground that they signed the note as sureties for Belongy, and that they were discharged by reason of an extension of time of payment granted by appellee to Belongy. They defended also on the ground that they were discharged by the failure and neglect of appellee to…
2Cases cited6 opinions
- Vestal v. KnightSupreme Court of Arkansas · 1891
- Killian v. AshleySupreme Court of Arkansas · 1867
- Heise v. BumpassSupreme Court of Arkansas · 1883
- Thompson v. RobinsonSupreme Court of Arkansas · 1879
- Thornton v. BowieSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Farmers Mer. Nat. Bk. of Cannon Falls v. DoffingSupreme Court of Minnesota · 1927
- Joy Rice Milling Company v. BrownSupreme Court of Arkansas · 1925
- Broyles v. EdmondsonSupreme Court of Arkansas · 1937
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