Gardner v. Hughes
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. Neither the answer nor cross-bill is verified. Nor was the affidavit required by § 3108, Kirby’s Digest, made. The court erred in directing a verdict. 2. The motion to strike out appellee’s denial of her -signature should have been sustained because she had plead coverture, which was an admission that she signed the note and at the time was a married woman.
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Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. Neither the answer nor cross-bill is verified. Nor was the affidavit required by § 3108, Kirby’s Digest, made. The court erred in directing a verdict. 2. The motion to strike out appellee’s denial of her -signature should have been sustained because she had plead coverture, which was an admission that she signed the note and at the time was a married woman. This defense is inconsistent with the defense of non est faoturn. 43 Pac. 331; 48 L. E. «A. 177; 67 Pac. 421; 52 Id. 88; 66 S. W. 623; 60 Id. 380; 100 Am. Dec. 328. 3. It was error…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit against appellee in the Benton Circuit Court on the following note: ‘ ‘ $500.00. Cave Springs, Ark., June 23, 1913.
‘‘ Six months after date we, or either of us, promise to pay to the order of John Gardner five hundred dollars, for value received, negotiable and payable, without defalcation or discount at the Bank of Cave Springs, Cave Springs, Arkansas, with interest at the rate of eight per cent, per annum from date until paid. The makers and endorsers of this note severally waive presentation for payment, protest and notice of protest and nonpayment and consent…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- Apel v. KelseySupreme Court of Arkansas · 1886
- Wilson v. SpringSupreme Court of Arkansas · 1881
- Culberhouse v. HawthorneSupreme Court of Arkansas · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Texarkana Sp. Sch. Dist. v. Cond. Sp. Sch. Dist. 2Supreme Court of Arkansas · 1932
- Texarkana Special School District v. Consolidated Special School District No. 2Supreme Court of Arkansas · 1932
- Hughes v. GardnerSupreme Court of Arkansas · 1920
- Heathcock v. BrookeSupreme Court of Arkansas · 1925