Horton v. Thompson
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. The payment of $200 eleven months after the note was due was not a sufficient consideration for the. alleged agreement of release.. 96 Ark. 20; 26 Id. 160. The doing of that which a party is by law or contract obligated to do is no consideration whatever to -support any new contract or obligation. 9 Cye. 347; 6 E. C. L. 664; 1 Parsons on Cont. 437; 1 Page on Cont. 468; 96 Ark. 20; 30 Id. 50; 52 Id. 174; 54…
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. The payment of $200 eleven months after the note was due was not a sufficient consideration for the. alleged agreement of release.. 96 Ark. 20; 26 Id. 160. The doing of that which a party is by law or contract obligated to do is no consideration whatever to -support any new contract or obligation. 9 Cye. 347; 6 E. C. L. 664; 1 Parsons on Cont. 437; 1 Page on Cont. 468; 96 Ark. 20; 30 Id. 50; 52 Id. 174; 54 Id. 151; 7 L. E. A. (N. S.) 175; 25 N. E. 862; 36 Id. 418; 52 L. E. A. (N. S.) 328; 78 S. W. 1125. 1. The question of…
1Opinion of the CourtSmith, J.
This is an action in replevin by a substituted trustee to recover the possession of two 'horses and a wagon named in a deed of trust which was executed by appellee, for the purpose of subjecting them to sale in satisfaction of the debt there secured.
The defense offered was that in November, 1913, which was eleven months after the indebtedness there secured became due, Morris, the payee of the note and the beneficiary -of the deed of trust, had released the horses and wagon from the deed of trust. In support of this contention appellee who was the defendant below testified that his…
2Cases cited3 opinions
- Feldman v. FoxSupreme Court of Arkansas · 1914
- Fincher v. BennettSupreme Court of Arkansas · 1910
- Lamberton v. HarrisSupreme Court of Arkansas · 1914
3Cited by7 opinions
- Magnolia Petroleum Co. v. JohnsonSupreme Court of Arkansas · 1921
- Vaughan v. HinkleSupreme Court of Arkansas · 1917
- Riley v. AthertonSupreme Court of Arkansas · 1932
- Johnson v. AylorSupreme Court of Arkansas · 1917
- Sinclair Refining Company v. PilesSupreme Court of Arkansas · 1949
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