Desha Bank & Trust Co. v. Quilling
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court, Northern District; J ohn M. Elliott, Chancellor; 1. Upon the allegation and proof by introduction of the note and Thane’s deposition, which remains uncontradicted, that there was a payment made and credited on the note on December 1, 1910, it was conclusively established that the note was not barred. 5 Ark. 551; 28 Ark. 27. 2. As to the authority to make the credit: When the charge was made to Mrs. Quilling’s account of $300, which was…
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Appeal from Arkansas Chancery Court, Northern District; J ohn M. Elliott, Chancellor; 1. Upon the allegation and proof by introduction of the note and Thane’s deposition, which remains uncontradicted, that there was a payment made and credited on the note on December 1, 1910, it was conclusively established that the note was not barred. 5 Ark. 551; 28 Ark. 27. 2. As to the authority to make the credit: When the charge was made to Mrs. Quilling’s account of $300, which was then credited on her note, she was notified of the fact, and never objected. This is' uncontradicted. The proof shows not…
1Opinion of the CourtSmith, J.
The parties to this litigation had a great many business transactions -and differ very widely in their depositions -as to the net result of them -all. The litigation was begun on August 26, 1912, at which time appellants filed a complaint, wherein it was alleged that appellee, Maude Price Quilling, had executed to H. Thane, trustee, a deed of trust on May 4, 1905, to secure a note for $3,000, and that on December 1, 1910, she had paid on this note the sum of $300, which payment had been endorsed -on the note and -also upon the margin of the recorded instrument. It was also alleged that Mrs.…
2Cases cited1 opinion
- Steelman v. AtchleySupreme Court of Arkansas · 1911
3Cited by7 opinions
- Pessemier v. ZellerSupreme Court of Kansas · 1936
- Taylor v. WhiteSupreme Court of Arkansas · 1930
- Cramer v. RemmelSupreme Court of Arkansas · 1918
- Joseph v. CarterAppellate Court of Illinois · 1942
- Cameron v. FentonSupreme Court of Arkansas · 1925
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