Petty v. Gacking
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. V. Bourlcmd, Chancellor; statement by ti-ie court. This is an action brought by appellee, Henry Gacking, against E. B. Petty, John Shaw, American National Bank and P. A. Ball for the purpose of recovering judgment for an amount of money loaned by Gacking to Shaw and Petty.
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Appeal from Sebastian Chancery Court; J. V. Bourlcmd, Chancellor; statement by ti-ie court. This is an action brought by appellee, Henry Gacking, against E. B. Petty, John Shaw, American National Bank and P. A. Ball for the purpose of recovering judgment for an amount of money loaned by Gacking to Shaw and Petty. The facts, briefly stated, are as follows: During and prior to 1902 Gacking was a customer of the American National Bank, and had been in the habit of calling upon his friend, P. A. Ball, the cashier of that bank, to attend to many of his little business matters. The bank was…
1Opinion of the Court
Wood, J.,
(after stating the facts). The chancery court had jurisdiction. The facts were set forth in detail in the complaint, and the prayer was “for such other relief, general and special, against all of said defendants or either of them, or against them jointly or severally, as the facts may justify and as to the court may seem fit.”
Petty had not in fact signed the note, though the evidence clearly shows that ’he intended to sign it. His communication to Ball saying: “I will sign John Shaw’s note for $250 all right” shows beyond controversy that he intended to sign the note. Ball, acting…
2Cases cited5 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Lake v. Little Rock Trust Co.Supreme Court of Arkansas · 1905
- Heise v. BumpassSupreme Court of Arkansas · 1883
- Braddock v. WertheimerSupreme Court of Arkansas · 1900
- Scanland v. PorterSupreme Court of Arkansas · 1897
3Cited by10 opinions
- Kladivo v. MelbergSupreme Court of Iowa · 1929
- Palmer v. NoeSupreme Court of Oklahoma · 1915
- Foster v. RicheySupreme Court of Arkansas · 1936
- Maners v. WalshSupreme Court of Arkansas · 1929
- Lind v. PorterIdaho Supreme Court · 1928
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