Hamilton v. Myrick
Supreme Court of Arkansas
Ekeoe to Hempstead Circuit Court. This was an action upon a bond, executed by the defendants to the plaintiff, dated April 22d, 1839, for $¡2190, with interest at 8 per cent, from date, due at 12 months. The defendants craved oyer, and demurred, at October Term, 1840, and their demurrer was sustained, the declaration amended, and the case continued.
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Ekeoe to Hempstead Circuit Court. This was an action upon a bond, executed by the defendants to the plaintiff, dated April 22d, 1839, for $¡2190, with interest at 8 per cent, from date, due at 12 months. The defendants craved oyer, and demurred, at October Term, 1840, and their demurrer was sustained, the declaration amended, and the case continued. At April Term, 1841, Myrick filed his separate plea of offset, by which he alleged that the plaintiff ought not to maintain his action as to $2000 with interest and damages, because, on the 6th day of May, 1835, Hamilton made an order in writing,…
1Opinion of the CourtRingo, C. J.
■ The plea of set-off certainly fails to disclose any contract between Hamilton and the defendant Myrick; and the writing therein described is not such an instrument as is recognized by the law merchant, as negotiable according to the custom of merchants; nor is it such a contract in writing as may be assigned by virtue of the provisions of any statute in force in this State,^ either at the date of the writing, or at the time when the assignment thereof is alleged to have been made. It is not within the law merchant, or to be governed by the principles thereof, because every hill of exchange,…
2Cited by1 opinion
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