Legal Opinion

Hallyburton v. Robinson & Cary

Supreme Court of Arkansas

Decided January 15, 1858Published

Appeal from Arkansas Circuit Court. Hon. Theodoric F. Sorrells, Circuit Judge. Delivery is necessary to vest a full legal title to a note in the assignee (Dig.,. p\ 161), and he acquires such title by full assignment and delivery. 2 Ark. 4; 4 Ark. 535; 5Ar/r..649. Assignment alone without delivery does not vest title. 2 Eng. 376, 475; 3 lb. 459; 17 Ark. 96. Before judgment can be taken the note must be filed.

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Appeal from Arkansas Circuit Court. Hon. Theodoric F. Sorrells, Circuit Judge. Delivery is necessary to vest a full legal title to a note in the assignee (Dig.,. p\ 161), and he acquires such title by full assignment and delivery. 2 Ark. 4; 4 Ark. 535; 5Ar/r..649. Assignment alone without delivery does not vest title. 2 Eng. 376, 475; 3 lb. 459; 17 Ark. 96. Before judgment can be taken the note must be filed. Dig., p. 809, secs. 81, 82; Johnson vs. Frank, 16 Ark. 199; Witt et al. vs. State, 14 Ark. 173; Wallace vs. Henry, 5 Ark. 105. The demurrer is not well taken. The word assignment, ex vi…

1Opinion of the CourtChief Justice English

Robinson & Cary, partners, etc., brought an action of debt in the Circuit Court of Arkansas county, on a writing obligatory.

The declaration alleged:

“ That the defendant, on the 31st day of January, 1856, at, etc., by his certain writing obligatory of that date, etc., now shown to the Court here, promised that he the said defendant would, on or before the 25th day of December next, which period has now elapsed, pay to one E. D. Drumgoole the sum of $429 15, above demanded, for value received: and the said E. D. Drumgoole, afterwards to-wit: on the 19th day of January, A. D. 1857, and before…

2Cases cited1 opinion

  1. Wallace v. HenrySupreme Court of Arkansas · 1843

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