Denny v. Barber
Supreme Court of Arkansas
Appeal from Madison Circuit Court in Chancery. John N. Tirrman, Judge. statement by trie court. In 1890 J. M. Denny executed and delivered to Maxfield Barber a promissory note for money borrowed of him, in words and figures as follows, towit: “$250. Huntsvirre, Ark., March 24, 1890. “Twelve months after date I promise to pay to the order of Maxfield Barber the sum of two hundred dollars, with interest from date until paid at the rate of ten per cent, per annum, payable at…
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Appeal from Madison Circuit Court in Chancery. John N. Tirrman, Judge. statement by trie court. In 1890 J. M. Denny executed and delivered to Maxfield Barber a promissory note for money borrowed of him, in words and figures as follows, towit: “$250. Huntsvirre, Ark., March 24, 1890. “Twelve months after date I promise to pay to the order of Maxfield Barber the sum of two hundred dollars, with interest from date until paid at the rate of ten per cent, per annum, payable at the office of A. M. Brumfield, Huntsville, Ark. [Signed] “J. M. Denny.” This note was secured hy a mortgage, in which the…
1Opinion of the CourtRiddick, J.
(after stating the facts). This is a suit in equity to reform a note for $200 and a mortgage given to secure the same, so as to raise the amount to be paid from $200 to $250, and to foreclose the mortgage and recover judgment for balance due against defendant.
The plaintiff testified that he loaned the defendant $250 at 10 per cent, interest, but that, through the mistake of the agent who drew the note and mortgage, the amount of the debt was stated as $200 only. His testimony is supported to some extent by the figures 250 with dollar mark preceding them, which appear on the upper left hand…
2Cases cited1 opinion
- McGuigan v. GainesSupreme Court of Arkansas · 1903
3Cited by3 opinions
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Turner v. ToddSupreme Court of Arkansas · 1908
- Hoffman v. Rice-Stix Dry Goods Co.Supreme Court of Arkansas · 1914