Gulledge v. Howard
Supreme Court of Arkansas
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
- Dove v. Ark. National Life Ins. Co.Supreme Court of Arkansas · 1965
- Strange v. Planters' Gin Co.Supreme Court of Arkansas · 1920
- Charlesworth v. WhitlowSupreme Court of Arkansas · 1905
- Rollins v. East St. Louis Cotton Co.Supreme Court of Arkansas · 1920
- Mattar v. MoellerSupreme Court of Arkansas · 1959