Fendley v. Shults
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; J. M. Shinn, Judge; STATEMENT OE EAOTS. F. D. Shults sued W. W. Fendley in the circuit court to recover bn a promissory note. The note was exhibited with the complaint and is as follows: “$500. October 3, 1910. “January 1, 1911, after date we promise to pay to the order of F. D. Shults five hundred and no one-hundredths dollars at 10 per cent, interest per annum from date until paid. Value received. • “ (Signed) “Jno.
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Appeal from Searcy Circuit Court; J. M. Shinn, Judge; STATEMENT OE EAOTS. F. D. Shults sued W. W. Fendley in the circuit court to recover bn a promissory note. The note was exhibited with the complaint and is as follows: “$500. October 3, 1910. “January 1, 1911, after date we promise to pay to the order of F. D. Shults five hundred and no one-hundredths dollars at 10 per cent, interest per annum from date until paid. Value received. • “ (Signed) “Jno. R. Aday, “J. W. Aday, “W. W. Fendley, “Albert Garrison.” “Endorsed on back as follows: “June 2, 1914, paid $100.” The defendant, Fendley, in…
1Opinion of the CourtHart, J.
(after stating the facts). In maintaining his plea of the statute of limitations the defendant relies upon the case of Cox v. Phelps, 65 Ark. 1. In that case it was held that payment by an administrator on an unprobated debt of his decedent which was secured by mortgage will'not arrest the running of the statute of limitations with reference thereto if there was no order of the probate court authorizing such payment, although that court subsequently allowed the administrator credit for the payment in his settlement with the estate. That case is not an authority in the case at bar. In that…
2Cases cited6 opinions
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Trustees R. E. Bank v. HartfieldSupreme Court of Arkansas · 1844
- McAbee v. WileySupreme Court of Arkansas · 1909
- Semmes v. MagruderCourt of Appeals of Maryland · 1856
- Cox v. PhelpsSupreme Court of Arkansas · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Shinn v. KitchensSupreme Court of Arkansas · 1945
- Smith v. GrimsleySupreme Court of Arkansas · 1949