Rice v. Dorrian
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Rueus D. Hearn, Judge. 1. An indorser is not a surety, and is not entitled to the remedy provided for a surety by secs. 6396-7, Mansf. Digest. See 31 Ark. 511; 53 id. 140; Rand. Com. Paper, vol. 2, secs. 896, 898; 54 Ark. 524 ; 24 id. 511. 2. Dorrian was not the owner of the notes, and could not sue out an attachment based on them.
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Appeal from Miller Circuit Court. Rueus D. Hearn, Judge. 1. An indorser is not a surety, and is not entitled to the remedy provided for a surety by secs. 6396-7, Mansf. Digest. See 31 Ark. 511; 53 id. 140; Rand. Com. Paper, vol. 2, secs. 896, 898; 54 Ark. 524 ; 24 id. 511. 2. Dorrian was not the owner of the notes, and could not sue out an attachment based on them. He afterwards amended, but his lien would only date from the amendment. 53 Ark. 144. A junior attaching creditor cannot dispute the grounds of attachment nor defeat the attachment for mere errors or irregularities in pleading or…
1Opinion of the CourtBattle, J.
The facts which are necessary to state in order to understand the question presented by appellant’s counsel for our consideration are as follows :
C. C. Dorrian was indorser on four promissory notes for $125 each. Two of them were dated February 14, 1891, and the other two bore date the 16th of March, 1891, and all of them were made payable sixty days after date. He was also indorser on three notes for $60 each, dated February 2, 1891, one of which was made payable 90 days, one four months, and the other five months, after date. J. J. McGrath was the maker of all of them. On the 8th of April,…
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