Burton v. Merrick
Supreme Court of Arkansas
Error to Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. The receipt was not admissible — it was not conclusive but merely prima facie evidence: 2 Stark Ev. 571, and note. It could not operate as an estoppel, but was capable of being rebutted by other circumstances. 2 Stark Ev. 703-4. The second instruction was not applicable to the facts, and was calculated to mislead the jury.
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Error to Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. The receipt was not admissible — it was not conclusive but merely prima facie evidence: 2 Stark Ev. 571, and note. It could not operate as an estoppel, but was capable of being rebutted by other circumstances. 2 Stark Ev. 703-4. The second instruction was not applicable to the facts, and was calculated to mislead the jury. The receipt, though not conclusive, was prima facie evidence and so stands until that prima facie case is overturned by evidence introduced by the party whose interest it is to assail and destroy it. See…
1Opinion of the CourtChief Justice English
Burton brought an action of debt against Thomas D. Merrick on the following note:
“ One day after date we promise to pay to the order of P. P. Burton, two hundred and fifty dollars value received (cash borrowed.) Little Rock, Sept. 2d, 1853.
T. D. MERRICK & CO.”
The suit was commenced 9th May, 1857. The declaration alleged that the note was made by the defendant by his style and description of “ T. D. Merrick Co.”
The case was submitted to a jury on issues to the pleas of nit debet, payment and set off.
After the plaintiff had read in evidence the note sued on, the court permitted the defendant,…
2Cited by5 opinions
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