Barnes v. Bradley
Supreme Court of Arkansas
Appeal from Garland Circuit Court. The court erred in compelling the defendants to take the affirmative and make out their case first, and in admitting the satisfied note in evidence. Plaintiff should have been required to show that the collateral notes had not been collected. The burden was on him. Plaintiff is estopped by his laches. 75 Am.
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Appeal from Garland Circuit Court. The court erred in compelling the defendants to take the affirmative and make out their case first, and in admitting the satisfied note in evidence. Plaintiff should have been required to show that the collateral notes had not been collected. The burden was on him. Plaintiff is estopped by his laches. 75 Am. Dec. 115, and note ; 88 N. Y. 339. Under the plea of payment, the burden was on defendants. 32 Ark. 593 ; 16 id. 651 ; Hempstead, 184. The taking of notes, checks, etc., is not payment, unless it is so agreed. 48 Ark. 267 ; id. 49, 58. The testimony…
1Opinion of the CourtCockrill, C. J.
The appellant’s answer to a suit against him upon a note which he had executed was that the appellee had accepted from him notes of a third person in satisfaction of the one in suit. The court acting in place of a jury fouud, in effect, upon ample testimony, that the notes of the third person were held as collateral security for the note declared on.
i, Remedies collateral1 curity.
The proof tended to show that the appellee had judgment on the notes which he held as collat25 eral security against the maker thereof. Conceding that the fact is established, it would not debar the creditor from…
2Cases cited2 opinions
- Plant's Manufacturing Co. v. FalveyWisconsin Supreme Court · 1865
- West v. Carolina Life Ins.Supreme Court of Arkansas · 1876
3Cited by4 opinions
- Turner v. Commercial Savings BankCourt of Appeals of Georgia · 1916
- Plunkett v. State National BankSupreme Court of Arkansas · 1909
- Graysonia-Nashville Lumber Co. v. GoldmanCourt of Appeals for the Eighth Circuit · 1917
- Driver v. DriverSupreme Court of Arkansas · 1940