Kent v. Gray
Supreme Court of Arkansas
Appeal from Prairie Circuit Court. Hon. John Whytock, Circuit Judge. The note sued on does not show the amount, or when interest commences, whether from maturity or date, and is not such as is contemplated by sec. £5, chap. 99, Gould’s Pig. p. 657. It was wanting in one of the essential elements of a promissory note, which must he for a fixed and certain amount. Story on Prom. Notes, sec. 19, and citations. The plaintiff is not without remedy on a mutilated note.
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Appeal from Prairie Circuit Court. Hon. John Whytock, Circuit Judge. The note sued on does not show the amount, or when interest commences, whether from maturity or date, and is not such as is contemplated by sec. £5, chap. 99, Gould’s Pig. p. 657. It was wanting in one of the essential elements of a promissory note, which must he for a fixed and certain amount. Story on Prom. Notes, sec. 19, and citations. The plaintiff is not without remedy on a mutilated note. See Grcenleaf Ev., sec. 566, ct seq; Gould’s Pig., chap, 99, sec. 9,6. Ueither the justice’s court or the circuit court, have…
1Opinion of the CourtBowen, J.
The appellant, the administrator of the estate of M. T, Cooper, deceased, brought suit, before a justice of the peace, upon a mutilated promissory note, executed by T. B. Kent. This note bears date, January 1, 1862, but the amount of the note cannot be be determined, on account of certain portions thereof being destroyed. At the trial before the justice of the peace, the appellant, Kent, moved to dismiss the cause, on the ground that the note, or demand sued on, was not the individual property of the plaintiff, which motion the court, after having heard the evidence, sustained and dismissed…
2Cases cited6 opinions
- Reeves v. ClarkeSupreme Court of Arkansas · 1843
- Dyer v. HatchSupreme Court of Arkansas · 1839
- McLure v. HartSupreme Court of Arkansas · 1857
- Penn v. StuartSupreme Court of Arkansas · 1850
- Mayson v. EdingtonSupreme Court of Arkansas · 1861
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