Arnold v. Wood
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; STATEMENT BY THE COURT. Appellee sued appellants upon a promissory note alleging the balance due to be $1,275.00. On January 22, 1914, at Alicia, Arkansas, appellants executed a promissory note payable to the order of Earle Gibbons Company for $1,725.00, due 12 months after date. The defense of appellants to the action was that there was a material alteration of the note apparent on its face.
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Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; STATEMENT BY THE COURT. Appellee sued appellants upon a promissory note alleging the balance due to be $1,275.00. On January 22, 1914, at Alicia, Arkansas, appellants executed a promissory note payable to the order of Earle Gibbons Company for $1,725.00, due 12 months after date. The defense of appellants to the action was that there was a material alteration of the note apparent on its face. The n'ote was introduced in evidence before the jury and has been brought into the record here by proper stipulation.…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) The law of this case is stated in the case of Jones v. Bank of Horatio, 102 Ark. 302, where the court said: “The original checks have not been brought up with the record. From the testimony it appears that there is a conflict as to whether or not the alleged alterations were apparent on the face of the checks. It has been settled by this court that the alteration of a check duly signed and delivered, without the knowledge or consent of the drawer, ‘although done in such manner as to leave no mark or identification of an alteration observable by a man of…
2Cases cited2 opinions
- Fordyce v. KosminskiSupreme Court of Arkansas · 1886
- Jones v. Bank of HoratioSupreme Court of Arkansas · 1912
3Cited by3 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Citizens Bank of Morehead v. NickellCourt of Appeals of Kentucky (pre-1976) · 1939
- Velvet Ridge School District No. 91 v. Bank of SearcySupreme Court of Arkansas · 1940