May v. Dyer
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Wade ace, Judge. 1. In order to charge May as an assig'nor or indorser, demand, notice and protest should have been alleged and proved. 2 Dan. Neg. Inst. secs. 1319, 717, 719, 929, 1101, 1109 ; Story, Prom. Notes, secs*. 198, 200, 211, 235, 322, 348, 366; 37 Ark. 276; 33 id. 33. 2. But May was not liable on the note; he did not endorse it at all, but merely assigned his interest in the mortgage title.
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Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Wade ace, Judge. 1. In order to charge May as an assig'nor or indorser, demand, notice and protest should have been alleged and proved. 2 Dan. Neg. Inst. secs. 1319, 717, 719, 929, 1101, 1109 ; Story, Prom. Notes, secs*. 198, 200, 211, 235, 322, 348, 366; 37 Ark. 276; 33 id. 33. 2. But May was not liable on the note; he did not endorse it at all, but merely assigned his interest in the mortgage title. Jones, Mortg. secs. 787, 823, 824, 830, 831. I. May is shown to have waived formal notice of non-payment and protest —whether he…
1Opinion of the CourtBatTEE, J.
The allegations of the complaint in this action are substantially as follows : On the 2nd day of October, 1883, John T. Massey executed a promissory note to the defendant, William N. May, for $200 and ten per cent, per annum interest thereon from date until paid, and, to secure the payment thereof, a mortgage conveying to him a tract of land and two horses. On the 5th of November, 1883, May offered to sell the note and mortgage to the plaintiff, A. J. Dyer, and falsely and fraudulently represented to him that the tract of land embraced nearly all the improvements of Massey, and that 25 acres…
2Cases cited3 opinions
- French v. TurnerIndiana Supreme Court · 1860
- Challiss v. McCrumSupreme Court of Kansas · 1879
- Smith v. CoregeSupreme Court of Arkansas · 1890
3Cited by5 opinions
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- Bray Clothing Co. v. McKinneySupreme Court of Arkansas · 1909
- Riggs v. BuckleySupreme Court of Arkansas · 1934