Hazard v. White
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court. Hon. John E. Bennett, Circuit Judge. This transaction was not the ordinary transfer of commercial paper, in the regular course of business, but it was a sale of the piece of paper for the reason that the maker could not pay it. Plaintiff, defendant and "Ward all being present, and being parties to the transaction which culminated in the sale and assignment of the paper, were all equally affected by it.
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Appeal from Mississippi Circuit Court. Hon. John E. Bennett, Circuit Judge. This transaction was not the ordinary transfer of commercial paper, in the regular course of business, but it was a sale of the piece of paper for the reason that the maker could not pay it. Plaintiff, defendant and "Ward all being present, and being parties to the transaction which culminated in the sale and assignment of the paper, were all equally affected by it. Demand was then and there made, and defendant had notice that Ward could not, would not, and did not pay the paper. The testimony of Hazard, on this…
1Opinion of the CourtGhegu, J.
The appellant sued appellee as the indorser of a promissory note made by Ward and Edington. Appellee answered that .appellant did not make presentment to, and demand of the makers in due time; secondly, that due notice of non-payment was not given him; and thirdly, that appellant took a mortgage of one of the makers, to secure payment, and for that consideration extended the time of payment without his knowledge or consent.
The court overruled a demurrer to the cause of defense set up in the third paragraph of the answer. The cause was then submitted to the court and a finding and judgment for…
2Cases cited1 opinion
- Thornton v. WynnSupreme Court of the United States · 1827
3Cited by2 opinions
- Hamiter v. State National BankSupreme Court of Arkansas · 1913
- Brown v. ClementSupreme Court of Arkansas · 1935