Legal Opinion

Gulledge v. Howard

Supreme Court of Arkansas

Decided January 15, 1861PublishedCited by 5 opinions

Appeal from Drew Circuit Cou/rt. Hon. John C. Murray, Circuit Judge. The action was not founded on the receipt, but on the implied contract to refund the money: and the period of limitation was three years. Sec. 10, ch. 106, Dig. The receipt is not a contract, but only evidence of one. Beébe et al, vs. B. E. Bank, 4 Ar7c. 127; 4 T. B. 151; 2 Id.

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Appeal from Drew Circuit Cou/rt. Hon. John C. Murray, Circuit Judge. The action was not founded on the receipt, but on the implied contract to refund the money: and the period of limitation was three years. Sec. 10, ch. 106, Dig. The receipt is not a contract, but only evidence of one. Beébe et al, vs. B. E. Bank, 4 Ar7c. 127; 4 T. B. 151; 2 Id. Baym. 758. The loss of the money was a good defence to the action, unless lost by the defendant’s negligence: and if so, that fact should have been put in issue by replication. Story on Bail, secs. 212, 213,278, 339,410; 3 East. B. 192; Ch. PI. 213;…

1Opinion of the CourtJustice Compton

Henry B. Howard and wife (formerly Mrs. Nelson,) brought an action of assumpsit against Thomas W. Gulledge, founded on the following instrument:

“ Received of Mrs. F. Nelson, two hundred dollars, to be applied to entering land in her name, in Drew- county, Arkansas, and ten dollars to give to ¥m. J. Carter, of Drew county, Arkansas, and ten 75-100 dollars to be given to J. B. Erwin, of Drew county, Arkansas. January 1st, 1855.”

(Signed.),THOMAS GULLEDGE.

The defendant pleaded 1st: non asswnpsit; 2d, that the cause of action did not accrue within three years next before the commencement of the…

2Cited by5 opinions

  1. Dove v. Ark. National Life Ins. Co.Supreme Court of Arkansas · 1965
  2. Strange v. Planters' Gin Co.Supreme Court of Arkansas · 1920
  3. Charlesworth v. WhitlowSupreme Court of Arkansas · 1905
  4. Rollins v. East St. Louis Cotton Co.Supreme Court of Arkansas · 1920
  5. Mattar v. MoellerSupreme Court of Arkansas · 1959

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