Carter v. Adamson
Supreme Court of Arkansas
Appeal from the Circuit Court of Pulaski County. Hon. John J. Clendennin, Circuit Judge. The stalute of limitation refers to the remedy and is governed by the lex fori, 2 Parsons on Con. 102; and if the defence set up in the third and fourth pleas, was binding upon Carter, in Maryland, and consequently a good defence for Adamson, the pleas would be liable to objection because the statute of Maryland should have been pleaded.
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Appeal from the Circuit Court of Pulaski County. Hon. John J. Clendennin, Circuit Judge. The stalute of limitation refers to the remedy and is governed by the lex fori, 2 Parsons on Con. 102; and if the defence set up in the third and fourth pleas, was binding upon Carter, in Maryland, and consequently a good defence for Adamson, the pleas would be liable to objection because the statute of Maryland should have been pleaded. Until some damage, real or nominal, was sustained by Carter, he had no right of action upon the covenant, and until there is a right of action no statute bar can begin to…
1Opinion of the CourtChief Justice English
This was an action of covenant brought by Robt. W. Carter against John Adamson in the Pulaski Circuit Court.
The action was commenced 18th March, 1857, and founded on a covenant entered into on the 7th of July, 1841, at Little Rock, by the plaintiff, the defendant, and one Jesse T. Higgins, who were partners in the mercantile business, and by which Carter sold and assigned to Adamson and Higgins his entire interest in the partnership effects; in consideration whereof they covenanted and bound themselves to pay and satisfy all the creditors to whom Carter stood chargeable and indebted for and…
2Cases cited4 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- In re NegusNew York Supreme Court · 1832
- Lathrop v. AtwoodSupreme Court of Connecticut · 1851
- Snider v. GreathouseSupreme Court of Arkansas · 1855
3Cited by10 opinions
- Larson MacHine, Inc. v. WallaceSupreme Court of Arkansas · 1980
- C & L Rural Electric Cooperative Corp. v. American Casualty Co.District Court, E.D. Arkansas · 1961
- Rock Island Plow Co. v. MastersonSupreme Court of Arkansas · 1910
- Louisiana & Arkansas Railway Co. v. AnthonyDistrict Court, W.D. Arkansas · 1961
- Arkansas Power & Light Co. v. Home InsuranceDistrict Court, E.D. Arkansas · 1985
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