Reynolds v. Roth
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The appellee sued the appellant upon a negotiable promissory note for $300, payable to the order of the Southern Hedge Company, and signed by appellant, upon which is the following endorsement: “For a valuable consideration, we hereby assign the within note to--without recourse in law or equity. The Southern Hedge Company, per C. C. Caldwell.”
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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The appellee sued the appellant upon a negotiable promissory note for $300, payable to the order of the Southern Hedge Company, and signed by appellant, upon which is the following endorsement: “For a valuable consideration, we hereby assign the within note to--without recourse in law or equity. The Southern Hedge Company, per C. C. Caldwell.” The court sustained a demurrer to the complaint, which was amended. The defendant filed his motion to make the complaint more definite and certain by inserting “a full and…
1Opinion of the Court
Hughes, J.,
Sufficiency of complaint in action on
(after stating the facts). The motion to make the complaint more definite and certain by inserting a full and proper description of the payee of the note sued on was properly overruled by the court. The note was made payable to the Southern Hedge Company, and the complaint alleged that it was endorsed before maturity, and this was not denied in the answer. The holder was not bound to set out a description of the payee.
Parties to suit on note.
The fact that the Southern Hedge Company was a fraudulent association was no defence to the suit by an…
2Cases cited3 opinions
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- Thompson v. LoveSupreme Court of Arkansas · 1895
- Cagle v. LaneSupreme Court of Arkansas · 1887
3Cited by3 opinions
- Gunter v. FletcherSupreme Court of Arkansas · 1950
- Kennard v. Ill. Cent. R. Co.Tennessee Supreme Court · 1941
- Forrest v. ForrestSupreme Court of Arkansas · 1945