Thomas Cox & Sons Machinery Co. v. Forshee
Supreme Court of Arkansas
Appeal from Pike Circuit Court; lames S. Steel, Judge; statement by the court. This is an action brought by Thos. Cox & Sons Machinery Company, a domestic corporation, against J. R. Forshee, J. W. Brock, D. Geiser and J. C. Bullard to recover the sum- of $699.68 and the accrued interest, alleged to be due upon a promissory note.
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Appeal from Pike Circuit Court; lames S. Steel, Judge; statement by the court. This is an action brought by Thos. Cox & Sons Machinery Company, a domestic corporation, against J. R. Forshee, J. W. Brock, D. Geiser and J. C. Bullard to recover the sum- of $699.68 and the accrued interest, alleged to be due upon a promissory note. The defendants answered and admitted the execution of the note sued on, but averred that it was executed upon certain conditions, which will be set forth in the statement of facts, and which they say were never performed; and that, for this reason, the note never…
1Opinion of the CourtHart, J.
(after stating the facts.) The errors complained of -by counsel for appellant, both on account of the introduction of testimony and in the instructions given, as to the measure of damages sustained by appellees by reason of their alleged counterclaim, will not be considered by the court. As insisted by counsel for appellee, no exceptions were saved to the -testimony of appellees upon this point. American Insurance Co. v. Haynie, 91 Ark. 43.
Besides the errors complained of, both in regard to the introduction of evidence and the instructions of the court upon this point, are- eliminated by the…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Kirchman v. Tuffli Bros. Pig Iron & Coke Co.Supreme Court of Arkansas · 1909
- Capital Fire Insurance v. KaufmanSupreme Court of Arkansas · 1909
- Harris v. RemmelSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wheeler, Adm'x v. Delco BenSupreme Court of Arkansas · 1963
- Browne-Brun Wholesale Grocery Co. v. HintonSupreme Court of Arkansas · 1929