Porter v. Huie
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. Shaver, Chancellor; Where a person, not the payee of a note, signs his na'me upon the back of, it without date, it is presumed to have been done at the inception of the note. 11 P'a. St. 482; 30 Me. 310; 44 Me. 433; 4 Houst. 284; 85 Me. 485; 13 Met. 265; 107.N. C. 565; 1 Dan. Neg.
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Appeal from Clark Chancery Court; James D. Shaver, Chancellor; Where a person, not the payee of a note, signs his na'me upon the back of, it without date, it is presumed to have been done at the inception of the note. 11 P'a. St. 482; 30 Me. 310; 44 Me. 433; 4 Houst. 284; 85 Me. 485; 13 Met. 265; 107.N. C. 565; 1 Dan. Neg. Inst., § 728. Such person is bound as surety ás fully as if he had written his name on the face under that of the maker. 24 Ark. 511. He is a joint maker, and not a guarantor. 34 Ark. 524; 40 Ark. 546;- 80 Ark. 285. Successive indorsers are co-sureties, and can recover…
1Opinion of the CourtBaTTee, J.
On the 28th day of July, 1888, the Arkadelphia Cotton Mills executed to J. A. Hardage a promissory note as follows:
“$1,000. Arkadelphia, July 28, 1888.
“On July 28, 1889, we promise to pay to the order of J. A. Plardage one thousand dollars at 10 per cent, interest from date until paid. Value received.
“Arkadelphia Cotton Mills,
“By S. R. McNutt, President."
Before the delivery and acceptance of it the note was signed on the back of it by S. R. McNutt, J. C. Saunders and R. W. I-Iuie & Company. The Arkadelphia Cotton Mills paid at different times several amounts, aggregating $300. McNutt paid 'in…
2Cases cited4 opinions
- Nathan v. SloanSupreme Court of Arkansas · 1879
- Killian v. AshleySupreme Court of Arkansas · 1867
- Lake v. Little Rock Trust Co.Supreme Court of Arkansas · 1905
- Jones v. Bank of Pine BluffSupreme Court of Arkansas · 1906
3Cited by6 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- Hedges v. MehringIndiana Court of Appeals · 1917
- Waldref v. DowSupreme Court of Minnesota · 1927
- Lee v. BoykinSupreme Court of South Carolina · 1920
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