Braddock v. Wertheimer
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. In the absence of proof to the contrary, the presumption is that the common law prevails in a sister state. 10 Ark. 169. The best evidence of the statutes of Ohio would have been the statutes themselves. Sand. & H. Dig., § 2875. The usual and best mode to prove the unwritten laws, customs or usages of a foreign state is by introducing some one familiar therewith. 1 Gr.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. In the absence of proof to the contrary, the presumption is that the common law prevails in a sister state. 10 Ark. 169. The best evidence of the statutes of Ohio would have been the statutes themselves. Sand. & H. Dig., § 2875. The usual and best mode to prove the unwritten laws, customs or usages of a foreign state is by introducing some one familiar therewith. 1 Gr. Ev. § 488. The demurrer should have been sustained. Demand and notice were necessary. 14 Oh. St. 246; 2 Ohio, 431; 2 Dan. Neg. Inst. § 1753; 4 Oh. St. 263. As to what…
1Opinion of the CourtBattle, J.
On the 4th of September, 1890, at Mount Vernon, Ohio, W. H. Mitchell, executed to John S. Braddock' three promissory notes, each for the sum of one hundred dollars, payable to the order of Braddock at his office in Mt. Vernon, Ohio, and due, respectively, in two, three and four years after date. Subsequently, and before the maturity of the notes, Braddock sold and assigned them to M. Wertheimer, and indorsed upon each of them a guaranty as follows: “I assign the within notes to M. Wertheimer, and guaranty collection and payment thereof when due. [Signed] J. S. Braddock.” Mitchell did not pay…
2Cases cited2 opinions
- Friend v. Smith Gin Co.Supreme Court of Arkansas · 1894
- Lane v. LevillianSupreme Court of Arkansas · 1842
3Cited by6 opinions
- Linton v. Chestnutt-Gibbons Grocer Co.Supreme Court of Oklahoma · 1911
- Petty v. GackingSupreme Court of Arkansas · 1911
- Patrick v. StateSupreme Court of Arkansas · 1918
- Cownie v. DoddSupreme Court of Iowa · 1914
- Stewart v. Sharp County BankSupreme Court of Arkansas · 1903
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