Borden v. Peay
Supreme Court of Arkansas
Appeal from the Chancery Court of Pulaski County. Hon. Holbert F. Fairchild, Chancellor. The bill alleges, by way of avoidance of the Statute of Limitations as to Chase, that be was a Trustee for the Bank, and that it was his duty to have collected the note sought to be recovered in this suit. This would not avail the complainant anything, because, as the proof shoWs, he did not become Trustee until the month of May, 1840, before which time the note was barred.
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Appeal from the Chancery Court of Pulaski County. Hon. Holbert F. Fairchild, Chancellor. The bill alleges, by way of avoidance of the Statute of Limitations as to Chase, that be was a Trustee for the Bank, and that it was his duty to have collected the note sought to be recovered in this suit. This would not avail the complainant anything, because, as the proof shoWs, he did not become Trustee until the month of May, 1840, before which time the note was barred. Faulkner et al. vs. Thompson ei al. 14 Ark. Rep. 480; Grant ad. vs. Ashley cj- Buchanan, 7 Eng. Rep. 702. More than three years had…
1Opinion of the Court
Mr. Chief Justice
English delivered the opinion of the Court.
This is an appeal from a decree of the Chancery Court of Pulaski county.
The bill was brought in the name of Biscoe and others, as Trustees of the Peal Estate Bank under the deed of assignment.
During the progress of the cause, Gordon N. Peay was substituted as complainant, the Trusteeshaving been removed, and he appointed Receiver, by an order of the Chancellor. The defendants were Benjamin J. Borden, Wm. B. Borden, James Lawson, Luther Chase and Philip 1L. Anthony. The object of the bill was to recover the balance due upon two notes…
2Cited by6 opinions
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- Slagle v. BoxSupreme Court of Arkansas · 1916
- Harmon v. HarmonSupreme Court of Arkansas · 1917
- Squier v. EvansSupreme Court of Missouri · 1895
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