Edwards v. Probst & Hilb
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. J. H. Eogers, Circuit Judge. STATEMENT. Appellees sued the appellants on an itemized account for $165. Appellants pleaded that the account had been settled and fully paid by note. Appellees replied and pi’oved that the note was executed on Sunday.
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APPEAL from Logan Circuit Court. Hon. J. H. Eogers, Circuit Judge. STATEMENT. Appellees sued the appellants on an itemized account for $165. Appellants pleaded that the account had been settled and fully paid by note. Appellees replied and pi’oved that the note was executed on Sunday. Verdict and judgment for appellees, and appeal by appellants. 1. A note given in satisfaction, is an extinguishment of the debt. 11 J. R., 518. It is a bar to an account, though the note is unpaid. 8 'Ark., 213. The legal, presumption is, that it-was intended, and in fact was an extinguishment of the original…
1Opinion of the CourtHarrison, J.
The note having been executed on Sunday, was void, and no satisfaction of the account.
The judgment is affirmed.
2Cited by1 opinion
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