Fluhart v. W. T. Rawleigh Co.
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Thomas C. Trimble, Judge; STATEMENT BY THE COURT. The appellee instituted this suit "against C. C. Whedbee, principal, and I. T. Fluhart, G. W. Persefull and J. V. Crutcher, as guarantors of a certain contract which was made an exhibit to the complaint.
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Appeal from Lonoke Circuit Court; Thomas C. Trimble, Judge; STATEMENT BY THE COURT. The appellee instituted this suit "against C. C. Whedbee, principal, and I. T. Fluhart, G. W. Persefull and J. V. Crutcher, as guarantors of a certain contract which was made an exhibit to the complaint. The complaint alleged that on or about October 24, 1913, an agreement was made between the appellee (plaintiff) and the defendant C. C. Whedbee, as principal, and the said parties, guarantors (naming them), for the said C. C. Whedbee, which contract was accepted June 4, 1914; that by the terms of the contract,…
1Opinion of the Court
Wood, J.,
(after stating the facts). Two questions are presented.
I. Did the court err in holding that the guarantors could be sued jointly with the principal? The contract between the appellee and Whedbee, the principal debtor, it appears from the recitals therein, was executed on the 24th day of October, 1913. The contract of guaranty bears no date, but the allegations of the complaint, in effect, show that the instruments were executed on the same day and that they were parts of but one and the same transaction. Indeed the recitals of the contract of guaranty referred to the contract between…
2Cases cited4 opinions
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Hammel v. BeardsleySupreme Court of Minnesota · 1883
- Marvin v. AdamsonSupreme Court of Iowa · 1860
- Yager v. Kentucky Title Co.Court of Appeals of Kentucky · 1902
3Cited by3 opinions
- Shores-Mueller Co. v. PalmerSupreme Court of Arkansas · 1919
- Meyers Store Co. v. Colorado Milling & Elevator Co.Supreme Court of Arkansas · 1933
- Dodd v. W. T. Rawleigh Co.Court of Appeals of Texas · 1918