Legal Opinion

Hamiter v. State National Bank

Supreme Court of Arkansas

Decided January 13, 1913PublishedCited by 6 opinions

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

  1. Griffin v. LongSupreme Court of Arkansas · 1910
  2. Dreyfus v. RobertsSupreme Court of Arkansas · 1905
  3. Vestal v. KnightSupreme Court of Arkansas · 1891
  4. Hazard v. WhiteSupreme Court of Arkansas · 1870

3Cited by6 opinions

  1. Gantt v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1934
  2. King v. Bank of PangburnSupreme Court of Arkansas · 1921
  3. Central Life Ins. Co. of Illinois v. ThompsonSupreme Court of Arkansas · 1930
  4. Payne v. TeagueCourt of Appeals of Texas · 1922
  5. Means v. Nelle Gertrude Berger TrustCourt of Appeals of Arkansas · 1990

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