Inglish v. Breneman
Supreme Court of Arkansas
This was an action of assumpsit, determined in the Pulaski Circuit Court, at September term, 1842, before the Hon. John J. Clendeit~ in, one of the circuit judges. Breneman sued Ingiish & Johnson-,. Wm. Cummins and L. Gibson, on a promissory note, dated 4th March, 1839, and due twenty-four months after date. Gibson was not served with process, and a discontinuance, as to him, was entered. The other parties to the note pleaded non assumpsit, verilied by affidavit.
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This was an action of assumpsit, determined in the Pulaski Circuit Court, at September term, 1842, before the Hon. John J. Clendeit~ in, one of the circuit judges. Breneman sued Ingiish & Johnson-,. Wm. Cummins and L. Gibson, on a promissory note, dated 4th March, 1839, and due twenty-four months after date. Gibson was not served with process, and a discontinuance, as to him, was entered. The other parties to the note pleaded non assumpsit, verilied by affidavit. Upon the trial, the following facts, set out in the bill of exceptions, were given in evidence; “That the signatures of the…
1Opinion of the Court
By the Court,
Sebastian, J.
The only question raised by the bill of exceptions i=, whether the filling up of the blank for the date was such an alteration as avoided the note. The evidence fully establishes the fact, that the blank for the date was unfilled when final'» ly delivered to Brungard, and that the date was afterwards inserted either by him, or by Breneman, as, in the absence of evidence to the contrary, the legal presumption is, that it was inserted by one who had the legal custody of the note. According to the view which we entertain, it is immaterial whether the alteration were by…
2Cases cited2 opinions
- Pope ex rel. Reed v. LathamSupreme Court of Arkansas · 1838
- Bank of Commonwealth v. McChordCourt of Appeals of Kentucky · 1836
3Cited by13 opinions
- Graham v. RemmelSupreme Court of Arkansas · 1905
- Lesser v. ScholzeSupreme Court of Alabama · 1890
- Hoopes v. CollingwoodSupreme Court of Colorado · 1887
- Ayres v. WalkerSupreme Court of Colorado · 1913
- Howard v. GlazeSupreme Court of Arkansas · 1987
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