Perry v. Friend
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court. James F. Riddick, Judge. Perry sued Friend upon a promisory note, as follows : “$200. Osceoea, Arkansas, July 2, 1887. ‘ ‘ Six months after date we or either of us promise to pay to the order of W. B. Haskins two hundred dollars at Nodena, Arkansas. Value received. “Due January 2, 1888. R. A. CareETOn, B. S. Careeton. ‘ ‘ Indorsed on back : W. B. Haskins, R. W. Friend.”
Read the full summary
Appeal from Mississippi Circuit Court. James F. Riddick, Judge. Perry sued Friend upon a promisory note, as follows : “$200. Osceoea, Arkansas, July 2, 1887. ‘ ‘ Six months after date we or either of us promise to pay to the order of W. B. Haskins two hundred dollars at Nodena, Arkansas. Value received. “Due January 2, 1888. R. A. CareETOn, B. S. Careeton. ‘ ‘ Indorsed on back : W. B. Haskins, R. W. Friend.” Friend set up the defense that he was simply an indorsee on the note sued upon, and that he was discharged from liability upon the same for want of presentation to and demand of payment…
1Opinion of the CourtCockriee, C. J.
The note upon which the appellant sought to hold the appellee liable was executed by Carleton as maker to Haskins as payee. Upon the back of the note the appellee’s name was endorsed under that of Haskins, the payee. In the absence of legal evidence showing a different contract, the appellee’s liability was that of endorser, and as there was no proof that demand of payment was made and notice of dishonor given to either endorser, it must be held that the appellee was released, unless the evidence shows that he occupied the relation of maker or of guarantor for the maker of the note. In order…
2Cases cited2 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Heise v. BumpassSupreme Court of Arkansas · 1883
3Cited by1 opinion
- Bowler v. BraunSupreme Court of Minnesota · 1895