Bank of Malvern v. Burton
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court. It was error to strike appellant’s reply from the files. 44 S. W. 393; 99 N. Car. 107. The usury, if any, in the renewal notes did not affect the consideration, which was free from usury. Hence the pleadings should have been considered amended by the proof, and judgment given for the original debt. 29 Ark. 323; 42 Ark. 57; 55 Ark. 143; 56 Ark. 334; 35 Ark. 217; 98 N. Car, 107; 27 Am. & Eng. Enc.
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Appeal from Hot Springs Circuit Court. It was error to strike appellant’s reply from the files. 44 S. W. 393; 99 N. Car. 107. The usury, if any, in the renewal notes did not affect the consideration, which was free from usury. Hence the pleadings should have been considered amended by the proof, and judgment given for the original debt. 29 Ark. 323; 42 Ark. 57; 55 Ark. 143; 56 Ark. 334; 35 Ark. 217; 98 N. Car, 107; 27 Am. & Eng. Enc. Law, 946-7. The court was correct in sustaining the motion to strike. 33 Ark. 56, 593; 44 Ark. 293; 48 Ark. 238. Since the first note was usurious and void, the…
1Opinion of the CourtBattle, J.
The Bank of Malvern sued J. W. Burton and William Kilpatrick, in the Hot Springs circuit court, upon a note executed by them to it for the sum of $349.50, bearing date the 12th day of May, 1896, and due ninety days after date. The defendants answered, and pleaded usury. The plaintiff filed a reply, which, on motion of defendants, was stricken from the files of the court. As it was not restored to record by bill of exceptions, it is no longer in the ea.se.
The cause, both parties consenting, was submitted to the court sitting as a jury.
J. W. Burton testified as follows on his own behalf: “I am…
2Cases cited2 opinions
- Winsted Bank v. . WebbNew York Court of Appeals · 1868
- Tillman v. ThatcherSupreme Court of Arkansas · 1892
3Cited by10 opinions
- Citizens' Fire Insurance v. LordSupreme Court of Arkansas · 1911
- Rucker v. MartinSupreme Court of Arkansas · 1910
- Jenkins v. International Life InsuranceSupreme Court of Arkansas · 1921
- McNutt v. McNuttSupreme Court of Arkansas · 1906
- Martin v. StateSupreme Court of Arkansas · 1924
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