Maxfield v. Jones
Supreme Court of Arkansas
Appeal from Independence Circuit Court; R. E. Jeffery, Judge; 1. The claim was assigned “without recourse” and thus the assignor was relieved of all liability for failure to realize on the claim, 62 Ark. 595. 2. Parol evidence is not admissable to vary or contradict a written instrument. 67 Ark. 494 ; 73 Id. 431; 4 Cyc. 111. The testimony of T. J. Jones was hearsay merely. 3. The court erred in its instructions, citing 6 S. R. A. 279; 52 Fed. 705; 3 Suth. on Damages, §761.…
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Appeal from Independence Circuit Court; R. E. Jeffery, Judge; 1. The claim was assigned “without recourse” and thus the assignor was relieved of all liability for failure to realize on the claim, 62 Ark. 595. 2. Parol evidence is not admissable to vary or contradict a written instrument. 67 Ark. 494 ; 73 Id. 431; 4 Cyc. 111. The testimony of T. J. Jones was hearsay merely. 3. The court erred in its instructions, citing 6 S. R. A. 279; 52 Fed. 705; 3 Suth. on Damages, §761. No damage was shown on account of the Jackson judgment. See 34 Ark. 323; 4 Thomps. on Corp. § 4725; Kirby’s Dig. § 509.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the circuit court of Independence County by T. J. Jones and J. H. Nash against Theodore Maxfield to recover the value of certain farming implements and machinery alleged to have been sold and delivered by the plaintiffs to the defendant in consideration of the assignment of a certain promissory note executed by one Jackson to the Theo. Maxfield Company, a corporation of which defendant was president. Jackson rented a farm in Independence County from said corporation to cultivate during the year 1905, and the parties (Jackson and the Theo. Maxfield Company)…
2Cases cited4 opinions
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Arden Lumber Co. v. Henderson Iron Works & Supply Co.Supreme Court of Arkansas · 1907
- Spencer v. HalpernSupreme Court of Arkansas · 1896
- Tisdale v. MallettSupreme Court of Arkansas · 1904
3Cited by3 opinions
- Kennedy v. HudsonSupreme Court of Alabama · 1931
- Bloch v. TuckerSupreme Court of Arkansas · 1913
- Rains Coal Corp. v. Southern Coal Co., Inc.Supreme Court of Arkansas · 1941