King v. Bank of Pangburn
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in giving a peremptory instruction for the plaintiff. 1. There was ample testimony to show that L. King signed the note as surety only. 54 Ark. 97; 92 Ark. 604; 143 Ark. 498. The note itself shows that the appellant’s name was cancelled and stricken off the note by the cashier of appellee bank.
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Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in giving a peremptory instruction for the plaintiff. 1. There was ample testimony to show that L. King signed the note as surety only. 54 Ark. 97; 92 Ark. 604; 143 Ark. 498. The note itself shows that the appellant’s name was cancelled and stricken off the note by the cashier of appellee bank. C. & M. Dig. § 7885, sub-divisions 3 & 4. The bank is estopped from asserting that it did not release appellant from liability. 131 Ark. 82. 2. The appellee renounced its rights against the appellant by the cancellation of his name…
1Opinion of the Court
Smith, 'J.
This cause comes here on appeal from a judgment rendered on a verdict returned by a jury under the directions of the court. Appellee insists this judgment must be sustained if there was' any testimony legally sufficient to support it, inasmuch as both parties asked the court to give peremptory instruction in the trial below. It is true both parties asked a peremptory instruction; but, in addition thereto, appellant asked other instructions, and the court should not, therefore, have directed a verdict against him, if the testimony in his behalf, viewed in the light most favorable to…
2Cases cited3 opinions
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Hamiter v. State National BankSupreme Court of Arkansas · 1913
- Kerr v. BirnieSupreme Court of Arkansas · 1868
3Cited by5 opinions
- Winningham v. DyoTexas Commission of Appeals · 1932
- Sloan v. SloanDistrict of Columbia Court of Appeals · 1949
- Jerome Hardwood Lumber Co. v. Davis Bros. Lumber Co.Supreme Court of Arkansas · 1923
- Dallas Hotel Co. v. BuffingtonCourt of Appeals of Texas · 1927
- Johnson v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1924