Grisard v. Hinson
Supreme Court of Arkansas
APPEAL from Faulkner Chancery Court. D. W. Carroll, Chancellor. Prior to the time Hinson gave the order to appellants and wrote that he would still stand good on the note, there is no question, and Hinson is estopped to deny his liability to this time, or claim that appellants had negligently allowed Price to waste the mortgaged property.
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APPEAL from Faulkner Chancery Court. D. W. Carroll, Chancellor. Prior to the time Hinson gave the order to appellants and wrote that he would still stand good on the note, there is no question, and Hinson is estopped to deny his liability to this time, or claim that appellants had negligently allowed Price to waste the mortgaged property. He is concluded by his order up to this date in 1885. “ He who is silent when conscience requires, him to speak, will not be permitted to speak when conscience requires him to be silent.” Eoubl. Eq., 163; 2 Smith’s Lead. Cases, 660; Johns. Chy., 353; 26 iV".…
1Opinion of the CourtBattle, J.
This action is on a promissory note made by one Price, as the principal debtor, and by A. B. Hin-son as his surety. The defense of Hinson is, that Grisard & Gist, the payees of the note, received from Price two mortgages on personal property to secure tho payment of the note; and that they negligently'permitted some of the property to be lost afid disposed of,' and thereby lost the right of action against him. On motion-of Hinson this cause was transferred, as to him, from the Eaulkner circuit court, in which it was brought, to the-Eaulkner chancery court. Decree was rendered in favor-of…
2Cases cited9 opinions
- Philbrooks v. McEwenIndiana Supreme Court · 1868
- Freaner v. YinglingCourt of Appeals of Maryland · 1873
- Jennison v. ParkerMichigan Supreme Court · 1859
- Slevin v. MorrowIndiana Supreme Court · 1853
- Clopton v. SprattMississippi Supreme Court · 1876
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3Cited by8 opinions
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- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Hendryx v. EvansSupreme Court of Iowa · 1903
- Sullivan v. StateSupreme Court of Arkansas · 1894
- Wilkerson v. Crescent InsuranceSupreme Court of Arkansas · 1897
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