Sims v. Everett
Supreme Court of Arkansas
Appeal from Independence Circuit Court; B. E. Jeffery, Judge; The statute provides that the surety on a note may .request the holder to bring suit against the principal, and if he fails to do so within thirty days from the time of written notice, the surety will be exonerated from liability. Kirby’s Dig., § § 7921, 7922. There is no contention that written notice was given; hence, there is no release under the statute.
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Appeal from Independence Circuit Court; B. E. Jeffery, Judge; The statute provides that the surety on a note may .request the holder to bring suit against the principal, and if he fails to do so within thirty days from the time of written notice, the surety will be exonerated from liability. Kirby’s Dig., § § 7921, 7922. There is no contention that written notice was given; hence, there is no release under the statute. If oral notice is permissible, as is contended under the opinions of this court in 34 Ark. 44, and 35 Ark. 463, the sureties could not claim a release from liability until they…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover from appellees, J. M. Everett and W. A. Halliburton, the amount of two negotiable promissory notes executed by them as sureties for J. T. Halliburton to O. B. Edmond-son, now deceased. Edmondson, by written endorsement on the back of each of the notes, assigned the same to the Unión Bank & Trust Company and the latter in turn assigned same to appellant, Albert Sims, who instituted this action; but subsequent to its institution said Union Bank & Trust Company, as the executor of Edmondson’s estate (he having died), was joined as plaintiff.
The case originated before…
2Cases cited12 opinions
- Pain v. PackardNew York Supreme Court · 1816
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
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- Inkster v. First National BankMichigan Supreme Court · 1874
- Dane v. CorduanCalifornia Supreme Court · 1864
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3Cited by7 opinions
- Interstate Business Men's Accident Ass'n v. SandersonSupreme Court of Arkansas · 1920
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- Greene County v. City BankSupreme Court of Iowa · 1923
- E. O. Barnett Bros. v. AlexanderSupreme Court of Arkansas · 1921
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