Legal Opinion

Bumpass v. Taggart

Supreme Court of Arkansas

Decided December 15, 1870PublishedCited by 8 opinions

Appeal from Phillips Circuit Court. Host. John E. Bennett, Circuit Judge. Before tlie note could have been offered as evidence in a court of law, it should have be&n stamped with the proper amount. Dorris v. Gfrace, Ark. §26. There is a fatal variance between the note sued on and the one offered in evidence. See notes to Ky. Code, page 1 Mete. 839, ib. 4$0. There is an entire failure of proof as to John H. Hicks. Notes io Ky. Code, p.

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Appeal from Phillips Circuit Court. Host. John E. Bennett, Circuit Judge. Before tlie note could have been offered as evidence in a court of law, it should have be&n stamped with the proper amount. Dorris v. Gfrace, Ark. §26. There is a fatal variance between the note sued on and the one offered in evidence. See notes to Ky. Code, page 1 Mete. 839, ib. 4$0. There is an entire failure of proof as to John H. Hicks. Notes io Ky. Code, p. J$b., g. g. et seg; Gasper v. Adams, 28 Barb. That it was not necessary to allege the partnership in order to connect Hides with the note (it being signed in…

1Opinion of the Court

HaRRikgton, Special Judge.

This is a case brought by Edward R. Taggart, plaintiff in the court below, against Creed M. Bumpass and John H. Iiicks, upon a promissory note.

The complaint is as follows:

“Edward R. Taggart, plaintiff, vs. Creed M. Bumpass and John H. Hicks, defendants.

Phillips circuit court. Complaint at law.

“The plaintiff, Edward R. Taggart, states that the defendants, Creed M. Bumpass and John II. Hicks, by their promissory note, dated July 3,1869, agreed to pay to the plaintiff one thousand and eighty-eight dollars, on or before the first day of J muary next after said date;…

2Cases cited5 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
  3. Hallock v. JaudinCalifornia Supreme Court · 1867
  4. Craig v. DimockIllinois Supreme Court · 1868
  5. Dorris v. GraceSupreme Court of Arkansas · 1866

3Cited by8 opinions

  1. Small v. SlocumbSupreme Court of Georgia · 1900
  2. Dollar v. KnightSupreme Court of Arkansas · 1920
  3. Clark v. MitchellSupreme Court of Missouri · 1877
  4. Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
  5. State v. ImbodenSupreme Court of Missouri · 1900

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