Wilks v. Slaughter
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. M. T. Sanders, Judge. 1. A payment of part of a debt, even if release was admitted, is not a satisfaction of the whole. 5 Coke, iif; jj Ark., 592. 2. The administrator had no authority to compromise the debt, without an order of court. Mansf. Dig., sec. ff.
1Opinion of the CourtCockrill, C. J.
The plaintiff, Wilks, as administrator held the joint note of H. P. Slaughter and H. W. Cotter, as assets of his intestate’s estate. He compromised with Slaughter and agreed to release him from further liability upon the payment of his proportion of the debt. He, as administrator, received a part of the amount agreed upon from Slaughter himself, and a part from a stranger under such circumstances as to justify the inference that it was received from him under the agreement to discharge Slaughter. The administrator denied that he had made any arrangement looking to the release of Slaughter,…
2Cases cited2 opinions
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Woolfork's Adm'r v. SullivanSupreme Court of Alabama · 1853
3Cited by10 opinions
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- Nashville Lumber Co. v. BarefieldSupreme Court of Arkansas · 1910
- Martin v. State Ex Rel. Saline CountySupreme Court of Arkansas · 1926
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