Gage v. Melton
Supreme Court of Arkansas
Appeal from Carroll Circuit Court. This was an action of debt commenced in the court below by Gage against Melton, by a declaration in the usual form, upon an instrument in writing, described in the declaration as a promissory note, but being in reality a writing obligatory, executed to him by Melton on the 12th of October, 1835, due December 25tb, 1835, for $208. At the return term, the defendants filed two pleas, which, on motion of the plaintiff, were stricken out, as…
Read the full summary
Appeal from Carroll Circuit Court. This was an action of debt commenced in the court below by Gage against Melton, by a declaration in the usual form, upon an instrument in writing, described in the declaration as a promissory note, but being in reality a writing obligatory, executed to him by Melton on the 12th of October, 1835, due December 25tb, 1835, for $208. At the return term, the defendants filed two pleas, which, on motion of the plaintiff, were stricken out, as nullities, at October Term, 1837, and leave was given the defendant to plead. He then filed bis first and second pleas, to…
1Opinion of the CourtRingo, Chief Justice
This is an action of debt commenced by the appellant against the appellee, in the Carroll Circuit Court. The cause of action as described and.set forth in the declaration and pleadings, is a promissory note in writing, executed by Me-lton, and made payable directly to Gage.
To this action Melton filed two pleas in bar, which the court, on the plaintiff’s motion, directed to be treated as a nullity, and granted to the defendant leave to plead. Whereupon he filed two other pleas in bar: First, “that the said plaintiff gave no consideration in law for the said promissory note in writing, to wit,…
2Cases cited3 opinions
- Crozier v. GanoCourt of Appeals of Kentucky · 1808
- Adams v. MaceyCourt of Appeals of Kentucky · 1809
- Violett v. DaleCourt of Appeals of Kentucky · 1808
3Cited by3 opinions
- Murphy v. OsborneSupreme Court of Arkansas · 1947
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Bourque v. EdwardsSupreme Court of Arkansas · 1960