Gentry v. Owen
Supreme Court of Arkansas
Appeal from the Circuit Court of 'Union county. The Hon. Shelton Watson, Circuit Judge, presiding. contended that the court below erred in overruling the demurrer to the plea, because the legal interest of the obligee in the note, passed by the assignment to the plaintiff, and was not divested by operation of law upon the obligee ceasing to be guardian of Tobin.
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Appeal from the Circuit Court of 'Union county. The Hon. Shelton Watson, Circuit Judge, presiding. contended that the court below erred in overruling the demurrer to the plea, because the legal interest of the obligee in the note, passed by the assignment to the plaintiff, and was not divested by operation of law upon the obligee ceasing to be guardian of Tobin. Dig. ch. 15, sec. 1, 2. Greenwood, vs. Buckner, 1 Eng. 206. Pond vs. Curtis, 7 TVend. 45. Dickson vs.-• 4 Yerger, 29. contended that as the legal interest in the note sued upon vested in the obligee as guardian, he could assign it…
1Opinion of the CourtJustice Walker
Owen and Norris executed their writing obligatory to John H. Cornish, as guardian of Virginia E. Tobin, who, by his written endorsement thereon, assigned it to Gentry, the plaintiff. The defence set up by the plea is, that before the assignment by Cornish to Gentry, Cornish had ceased to be guardian, and that Edward P. Tatum was, at the time the assignment was made, and continued to be the guardian of said minor, and as such had, at the time of the assignment of the bond to the plaintiff, and yet has the legal right of action in said bond.
Upon demurrer to the plea this defence was held by the…
2Cases cited1 opinion
- Pond v. CurtissNew York Supreme Court · 1831
3Cited by2 opinions
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- Bank of Welch v. CabellSupreme Court of Oklahoma · 1915