Mullins v. Columbia County Bank
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. If t'he evidence given by Karner in regard to the consideration of the notes was not competent, he not having'the original contract, still the evidence offered to be “introduced by the witness Mullins was competent.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. If t'he evidence given by Karner in regard to the consideration of the notes was not competent, he not having'the original contract, still the evidence offered to be “introduced by the witness Mullins was competent. The plaintiff, by introducing this character of evidence, waived any objections to error which it 'had thus invited. 75 Ark. 257; 67 Ark. 47; 69 Ark. 140; 66 Ark* 588. Where irrelevant evidence has been received without objection, it is not error to allow the adverse party to give evidence to meet it. 5 C. C. A. 538; 97…
1Opinion of the CourtBattre, J.
The Columbia County Bank instituted an action against J. E. Mullins and U. C. Mullins on two promissory notes executed by the defendants to the.order of J.‘C. Karner for one 'hundred and forty-seven dollars each and transferred by payee to the plaintiff. The defendants answered and alleged, in part, as a defense thereto, that the notes were given by them in payment of “patent right territory,” and “were not executed upon a printed form showing upon their faces that they were executed in consideration of said patent right territory, as is required 'by sections 512, 513 and 514 of Kirby’s…
2Cases cited2 opinions
- Allen v. Ozark Land Co.Supreme Court of Arkansas · 1892
- Columbia County Bank v. EmersonSupreme Court of Arkansas · 1908
3Cited by1 opinion
- Ensign v. CoffeltSupreme Court of Arkansas · 1912