Legal Opinion

Hall v. Rea

Supreme Court of Arkansas

Decided January 13, 1908PublishedCited by 4 opinions

Appeal from Marion Circuit Court; Brice B. Hudgins, judge; STATEMENT BY THE COURT. Appellees presented to the probate court of Marion County for allowance the following note, towit: “58, 62-100 • January the xst, 1898. “One day after date we promise to pay to the order of T. M. Rea & Son or Bair fifty-eight and 62-100 dollars, for value received, negotiable and payable without defalcation or discount and with interest from date at the rate of ten per cent, per annum until…

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Appeal from Marion Circuit Court; Brice B. Hudgins, judge; STATEMENT BY THE COURT. Appellees presented to the probate court of Marion County for allowance the following note, towit: “58, 62-100 • January the xst, 1898. “One day after date we promise to pay to the order of T. M. Rea & Son or Bair fifty-eight and 62-100 dollars, for value received, negotiable and payable without defalcation or discount and with interest from date at the rate of ten per cent, per annum until paid.” “Payable at ......................... his “Attest: T. M. Rea. “E. C. x Hall No.........Due.................. mark…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The court correctly ruled that the note was duly executed and properly attested. Kirby’s Digest, § 7799.

The defendant’s plea of non est factum, set up in the answer, was not sworn to. The note was, prima facie at least, a good note. In the absence of a sworn answer denying it, the note was proper testimony. See section 3108, Kirby’s Digest; St. Louis, I. M. & S. Ry. Co. v. Smith, 82 Ark. 105.

The note presented, being the property of the firm of T. M. Rea & Son, in which J. F. Rea, the administrator, had an interest, was properly presented to and duly proved…

2Cases cited1 opinion

  1. St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907

3Cited by4 opinions

  1. Staggers v. WhiteSupreme Court of Arkansas · 1915
  2. Harrell v. Southwest Mortgage CompanySupreme Court of Arkansas · 1929
  3. Terrill v. FowlerSupreme Court of Arkansas · 1928
  4. United States v. DavisDistrict Court, W.D. Arkansas · 1954

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