Smith v. Capers
Supreme Court of Arkansas
Error to Union Circuit Court. This was an action of assumpsit on a promissory mote for $432 50, alleged in the declaration to have been executed by Capers, the defendant, on the 3d day of January, 1845, payable to John McLemore, or order, on the 1st January, 1846, and endorsed by McLemore to Smith, the plaintiff, on the 13th August, 1845. Capers pleaded — 1st. That on the-day of-, 1845, before the endorsement, and while McLemore was the holder and owner of the note, he paid…
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Error to Union Circuit Court. This was an action of assumpsit on a promissory mote for $432 50, alleged in the declaration to have been executed by Capers, the defendant, on the 3d day of January, 1845, payable to John McLemore, or order, on the 1st January, 1846, and endorsed by McLemore to Smith, the plaintiff, on the 13th August, 1845. Capers pleaded — 1st. That on the-day of-, 1845, before the endorsement, and while McLemore was the holder and owner of the note, he paid it in full to McLemore. 2dl That on the 1st day of August, 1845, while McLemore held and owned the note, he, McLemore,…
1Opinion of the CourtJustice Scott
The question in this case as to the plea of partial failure of consideration, has been settled in the case of Wheat v. Dotson, 7 Eng. Rep.
The remaining question involves the construction of the third section of our statute of assignment, (Dig. p. 182, sec. 3.) And we think that this statute, in so far as it provides for the negotiability of commercial paper, was but in affirmance of the law merchant, nevertheless, that the section in question, when considered in connexion with the first and the other portions of the enactment, is sufficiently broad to embrace not only the additional…
2Cited by7 opinions
- Burdett v. BurdettSupreme Court of Oklahoma · 1910
- In re McKenzieCourt of Appeals for the Eighth Circuit · 1905
- Mayo v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1917
- Bishop v. WoodwardSupreme Court of Georgia · 1898
- Johnson v. JohnsonSupreme Court of Arkansas · 1907
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