Leach v. Smith
Supreme Court of Arkansas
Error to Ashley Circuit Co-urt. Hon. William M. Harrison, Circuit Judge. The plea in this ease is, in truth, but a plea of partial failure of consideration. It is not an attempt to change or vary the written contract, but simply one to show that, as to so much of the money demanded, there ivas no consideration.
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Error to Ashley Circuit Co-urt. Hon. William M. Harrison, Circuit Judge. The plea in this ease is, in truth, but a plea of partial failure of consideration. It is not an attempt to change or vary the written contract, but simply one to show that, as to so much of the money demanded, there ivas no consideration. And under this view of the matter, it was unquestionably proper for Leach to go behind the notes and show the parts of the contract. 2 Parsons Con., 59, 62, 63, 70, 79. The rule, as well and justly laid down by this court in Roane ■v. Green cf* Wilson, 24 Ark., 210, does not apply…
1Opinion of the Court
Story, Special C. J.
Smith and wife brought assumpsit against Leach, on two promissory notes executed by. Leach, each bearing date of August 1,1862, each for the sum of “two thousand and eighty-five dollars,” with interest at the rate of eight per cent., from due, payable to the order of Charles J. Lassiter — one on January 1,1864, and the other on January 1,1865, both of which were indorsed by Lassiter to Laura A. Smith.
The defendant in the court below interposed the following plea: “And the said defendant, by his attorney, comes and defends the wrong and injury, when, &e., and says actio…
2Cases cited5 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
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- Byford v. Gates Bros. Lumber Co.Supreme Court of Arkansas · 1950
- Carllee v. CarltonSupreme Court of Arkansas · 1872
- Green v. RoaneSupreme Court of Arkansas · 1870
- Hastings v. WhiteSupreme Court of Arkansas · 1870
- J & J Excavating v. Doyne Construction Co.Court of Appeals of Arkansas · 2012
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