Slagle v. Box
Supreme Court of Arkansas
Appeal from Benton Chancery Court; Wm. A. Falconer,- Chancellor; 1. Whether appellee be treated $s a surety or as a co-maker, his liability is the same.
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Appeal from Benton Chancery Court; Wm. A. Falconer,- Chancellor; 1. Whether appellee be treated $s a surety or as a co-maker, his liability is the same. A surety is bound absolutely, unless he relieves himself in the mode pointed out in the statute. 113 Ark. 198. It is conceded that a payment by a co-maker .after the statute has run will not revive a debt against the other party and if at any time the action was barred as to appellee, it could not be maintained against him unless he did some act which revived it against him. 2. The action was never barred by limitation, payments having been…
1Opinion of the CourtKirby, J.
Appellant brought suit on June 16, 1914, against P. Box, appellee, upon a promissory note for $1,148, dated May 16, 1891, and due one day after date and bearing interest at the rate of 10 per cent] per annum until paid. This note was signed ‘ ‘ Sam Box, Principal, ’ ’ and “P. Box.”
The complaint alleged that four payments had been made upon the note and endorsed thereon as follows: “May 16,1896, $10; May 7,1901, $1,369.93; Nov. 25,1905, $33.50; Sept. 22, 1910, $2.00.”
The execution 'of the note was. admitted and it was alleged that defendant had compromised and settled and paid the plaintiff…
2Cases cited3 opinions
- Simpson v. Brown-Desnoyers Shoe Co.Supreme Court of Arkansas · 1902
- Borden v. PeaySupreme Court of Arkansas · 1859
- Mason v. HowellSupreme Court of Arkansas · 1853
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