Graham v. Adams
Supreme Court of Arkansas
This was an appeal from a justice of the peace, tried in the Independence Circuit Court, in December, 1842, before the Hon. Thomas Johnson, one of the circuit judges. It was commenced before a justice of the peacé on the following instrument: “On or before the twenty-fifth day of December next, I promise to pay to Alexander Graham or bearer, the sum of one hundred dollars, in good current money of this State, for value received.
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This was an appeal from a justice of the peace, tried in the Independence Circuit Court, in December, 1842, before the Hon. Thomas Johnson, one of the circuit judges. It was commenced before a justice of the peacé on the following instrument: “On or before the twenty-fifth day of December next, I promise to pay to Alexander Graham or bearer, the sum of one hundred dollars, in good current money of this State, for value received. Witness my hand and seal this 8th day of January, 1841. (Signed) Richard Adams, seal.” Upon a trial in the justice’s court before a jury, there was a verdict and…
1Opinion of the Court
By the Court,
Lacy, J.
There certainly could be but one plausible ground upon which the court excluded the evidence, and it must have been this, that as the bond called for one hundred dollars in good current money in this State, that an action of covenant would alone lie on it, and therefore the justice had no jurisdiction of the matter. This position, though at first blush it seems plausible, is not sound or tenable. The case we are now considering is clearly distinguishable from that class of cases in which the amount called for is payable in the currencey of this State, or current bank…
2Cited by1 opinion
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