Hamiter v. Brown
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Bdzmrd W. Winfield, Judge: It is undisputed that appellant signed the notes as surety merely. Of this fact parol evidence is admissible. 54 Ark. 97. Appellee admits knowledge of the fact that appellant signed as surety merely at the time he received the notes.
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Appeal from Pulaski Circuit Court, Second Division; Bdzmrd W. Winfield, Judge: It is undisputed that appellant signed the notes as surety merely. Of this fact parol evidence is admissible. 54 Ark. 97. Appellee admits knowledge of the fact that appellant signed as surety merely at the time he received the notes. No consideration is shown either to Tucker or to appellant, but, at most, appellant held the notes as collateral security for a debt which appellee alleges Tucker owed him. He relinquished no valuable right, gave no time to Tucker, neither did he. receive the notes absolutely and…
1Opinion of the CourtMcCueloch, J.
This is an action instituted by appellee on three negotiable promissory notes executed to him by appellant, as one of the joint makers with W. T. Tucker and T. H. Davis. Appellant and Davis signed the notes as joint makers, but were in fact only accommodation sureties for Tucker, which fact was known to appellee when he accepted the notes. Tucker was indebted to appellee for a sum of money collected as attorney for the latter, and appellee testified that the notes were delivered to him in satisfaction of the debt. Tucker admitted that he was indebted to appellee for money collected as the…
2Cases cited2 opinions
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
3Cited by7 opinions
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Haldiman v. TaftSupreme Court of Arkansas · 1912
- Bank of Searcy v. BaldockSupreme Court of Arkansas · 1922
- Walker v. Arkansas Nat. Bank of Hot SpringsCourt of Appeals for the Eighth Circuit · 1919
- Broyles v. EdmondsonSupreme Court of Arkansas · 1937
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