Roberts v. Padgett
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in allowing plaintiff to open and close the argument. 61 Ark. 628; Kirby’s Digest, § 6196, par. 6. The burden was on defendant. 95 S. W. Rep. 145; Kirby’s Digest, § 3107. 2. It was error to give instruction No. 5, in which the jury are told that if Roberts kept the policy any time after he could reasonably have surrendered it after examination he was estopped, etc. 3. Instruction No. 1…
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in allowing plaintiff to open and close the argument. 61 Ark. 628; Kirby’s Digest, § 6196, par. 6. The burden was on defendant. 95 S. W. Rep. 145; Kirby’s Digest, § 3107. 2. It was error to give instruction No. 5, in which the jury are told that if Roberts kept the policy any time after he could reasonably have surrendered it after examination he was estopped, etc. 3. Instruction No. 1 asked by defendant should have been given. Carter and Padgett were partners. A partner is not an innocent holder where…
1Opinion of the CourtRiddick, J.
This was an action on a promissory note executed by D. G. Roberts to R. M. Carter for $37.29. The note was executed on 12th of February, 1903, and made payable nine months after date to R. M. Carter or order. Carter was an insurance agent, and the note was executed by Roberts for the first premium on a policy on his life for one thousand dollars. When action was commenced on this note, it had on it the following indorsement: “For value received I assign the within note to T. B. Padgett. [Signed], R. M. Carter.”
Afterwards, when the policy of insurance was issued and sent to Roberts, he…
2Cases cited3 opinions
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Mann v. ScottSupreme Court of Arkansas · 1877
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