Trammell v. Harrell
Supreme Court of Arkansas
Tins was an action of covenant, tried in the Crawford Circuit Court, in September, 1841, before fhe lion. R. C. S. Brown, one of the circuit judges. Dennis Trammell sued Isham Harrell upon a bond, executed 7th April, 1839, for the payment, on the l*sl of October, 1839, of $130, in corn, at cash prices.
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Tins was an action of covenant, tried in the Crawford Circuit Court, in September, 1841, before fhe lion. R. C. S. Brown, one of the circuit judges. Dennis Trammell sued Isham Harrell upon a bond, executed 7th April, 1839, for the payment, on the l*sl of October, 1839, of $130, in corn, at cash prices. The defendant pleaded set-off, “the sum of $¡150, upon, and by virtue of, a certain writing, now in the hands of the said plaintiff,” and full performance: to both which pleas, says the record, the plaintiff joined issue, all, in short, on the record. Trial before the court, without a jury'.…
1Opinion of the CourtJustice Dickinson
delivered the following opinion: There are two points raised, in this cause. The first is a question of set-off, and the second, whether, under our statute, the right of action survives. Both of these questions depend upon the proper construction to be put upon our statutes prescribing the rule'in such cases. We will first dispose of the question of survivorship.
According to the principles of municipal justice, both in England and in this country, as the law now stands, where two or more payees or obligees have a joint interest in a bond or note, and one of them dies, the right- of action…
2Cases cited1 opinion
- Porter v. NekervisCourt of Appeals of Virginia · 1826
3Cited by8 opinions
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Hill v. BreedenWyoming Supreme Court · 1938
- Leach v. LambethSupreme Court of Arkansas · 1854
- Newitt v. DaweNevada Supreme Court · 1943
- Dawson v. Real Estate BankSupreme Court of Arkansas · 1843
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