Wheat v. Dotson
Supreme Court of Arkansas
Appeal from Madison Circuit Court. This was an action of debt brought by Joseph Wheat (use of John Wharton) against Stephen Dotson, on a writing obligatory for $200, due first March, 1848. The defendant filed a plea of partial failure of consideration, in substance as follows : Defendant says actio, non, “because he says that the said writing obligatory, in said declaration mentioned, together with a certain other obligatory for $150, were made, executed and delivered, by…
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Appeal from Madison Circuit Court. This was an action of debt brought by Joseph Wheat (use of John Wharton) against Stephen Dotson, on a writing obligatory for $200, due first March, 1848. The defendant filed a plea of partial failure of consideration, in substance as follows : Defendant says actio, non, “because he says that the said writing obligatory, in said declaration mentioned, together with a certain other obligatory for $150, were made, executed and delivered, by him to the said Wheat, for and in consideration of the following described tract or parcel of land, situate, &c., to-wit:…
1Opinion of the CourtJustice Scott
To this action of debt on a sealed instrument — a single bill for $200, payable the first day of March, 1848, the defendant below interposed a special plea of partial failure of its consideration, which, as he alleged, was the sale and purchase of some lands and of an improvement upon the public lands. To this plea a demurrer was overruled, and the plaintiff below refusing to answer further, judgment was rendered accordingly.
The main question presented is a new one in this court in its present aspect, and is by no means free from difficulty. We think however, it may bo solved in the light of…
2Cases cited2 opinions
- M'Allister v. ReabNew York Supreme Court · 1830
- Miller v. SmithU.S. Circuit Court for the District of Massachusetts · 1818
3Cited by2 opinions
- Pacific Concrete Federal Credit Union v. KauanoeHawaii Supreme Court · 1980
- Erickson v. Volcano Stables & Transportation Co.Hawaii Supreme Court · 1901