Hamiter v. State National Bank
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Garter, Judge; "Where a renewal note is given with the express understanding that it is taken in satisfaction or payment of a former note, such renewal note constitutes in law a new debt and the old note is thereby paid, and this- is true whether the renewal note is given by the original maker or given in his behalf by some third person. 75 Ark. 354; Id. 559; 2 Ark. 209-226; 30 Cyc. 1194-1197; 36 Cyc. 1199-1200; 30 Cyc. 1202,…
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Appeal from Lafayette Circuit Court; Jacob M. Garter, Judge; "Where a renewal note is given with the express understanding that it is taken in satisfaction or payment of a former note, such renewal note constitutes in law a new debt and the old note is thereby paid, and this- is true whether the renewal note is given by the original maker or given in his behalf by some third person. 75 Ark. 354; Id. 559; 2 Ark. 209-226; 30 Cyc. 1194-1197; 36 Cyc. 1199-1200; 30 Cyc. 1202, 1205; 8 Ark. 213; 7 Cyc. 877, 878; Id. 882-883; 48 Ark. 267; 68'Ark. 233; 69 Ark. 61; 49 Ark. 512; 36 Ark. 72; 4 Ark. 508;…
1Opinion of the CourtHart, J.
Appell.ee brought this suit against appellants to recover upon a promissory note, which is as follows :
“$623.35. Texarkana, Ark., Sept. 11, 1908.
“Four months (days) after date, we, or either of us, promise to pay to the order of the State National Bank of Texarkana, six hundred and twenty-three and 35/100 dollars, for value received, negotiable and payable, without defalcation or discount, at the State National Bank of Texarkana, Texas-Arkansas, with interest from maturity, at the rate of ten per cent per annum until paid.
“Allen H. Hamiter.
“N. D. Harrel.
“J. O. Smith.”
The complaint alleges…
2Cases cited4 opinions
- Griffin v. LongSupreme Court of Arkansas · 1910
- Dreyfus v. RobertsSupreme Court of Arkansas · 1905
- Vestal v. KnightSupreme Court of Arkansas · 1891
- Hazard v. WhiteSupreme Court of Arkansas · 1870
3Cited by6 opinions
- Gantt v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1934
- King v. Bank of PangburnSupreme Court of Arkansas · 1921
- Central Life Ins. Co. of Illinois v. ThompsonSupreme Court of Arkansas · 1930
- Payne v. TeagueCourt of Appeals of Texas · 1922
- Means v. Nelle Gertrude Berger TrustCourt of Appeals of Arkansas · 1990
1 more not listed; retrieve them via the Exa API.