Arnett v. Glenn
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. J. W. Butler, Judge. John W. Glenn executed to Bertie Arnett, a married woman, his promissory note for $300, which she loaned to him out of her separate estate. She brought this action against him on the note, and by his answer he claims a credit for $185.53, alleging that he paid that sum to the plaintiff’s husband, and that the latter received it as his wife’s agent.
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APPEAL from Independence Circuit Court. J. W. Butler, Judge. John W. Glenn executed to Bertie Arnett, a married woman, his promissory note for $300, which she loaned to him out of her separate estate. She brought this action against him on the note, and by his answer he claims a credit for $185.53, alleging that he paid that sum to the plaintiff’s husband, and that the latter received it as his wife’s agent. The-evidence shows that the alleged payment was made on a draft which the plaintiff’s husband drew in favor of a creditor of the husband, and to satisfy the latter’s debt. It also appears…
1Opinion of the Court
Per Curiam..Husband and wife. If the husband held the note with the express authority to collect it, he could only have made such collection as would inure to the benefit of his wife. He could not accept in its payment, the satisfaction of his own debt without proof that the wife gave her assent, cither express or implied, to this misuse of her funds. Williams v. Johnston, 92 N. C., 532; Belton Compress Co. v. Belton Brick Co., 64 Texas, 337.
There was no proof that Mrs. Arnett ever authorized such conduqt. The judgment is reversed and cause remanded.
2Cases cited2 opinions
- Williams v. . JohnstonSupreme Court of North Carolina · 1885
- Belton Compress Co. v. Belton Brick Mfg. Co.Texas Supreme Court · 1885
3Cited by1 opinion
- Briggs v. CollinsSupreme Court of Arkansas · 1914