J. R. Watkins Medical Co. v. Warren
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy. Judge; The court erred in taking from the consideration of the jury the question of the. liability of- Hall on the bond.
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Appeal from Conway Circuit Court; A. B. Priddy. Judge; The court erred in taking from the consideration of the jury the question of the. liability of- Hall on the bond. He was notified by letter of the -fact that he was named as surety on the bond of Montgomery, and he took no steps to advise appellant of the forgery, and by his conduct which amounted to acquiescence, has rendered himself liable. 50 Ark. 458; 85 Ark. 156; 83 Ark. 444; 101 Ark. 145. Regardless of the liability of Hall, Warren is liable on his signature (140 Ark. 491) unless he signed conditioned that certain persons would be…
1Opinion of the CourtSmith, J.
This is the second appeal in this case. The opinion on the former appeal is found in 140 Arkansas at page 487. As a result of that opinion, certain issues have passed out of the case.
Appellant instituted the action to recover the sum due on a contract for the purchase price of certain articles sold and delivered to N. E. Montgomery, and against appellees, W. L. Warren and J. J. Hall, as sureties on the contract of Montgomery with appellant.
At the trial from which the first appeal was prosecuted, the court took the case from the jury as to the liability of Hall, upon the ground that he had…
2Cases cited3 opinions
- Stiewel v. American Surety Co.Supreme Court of Arkansas · 1902
- Wheeler v. Traders Deposit BankCourt of Appeals of Kentucky · 1900
- Williams v. MorrisSupreme Court of Arkansas · 1911
3Cited by6 opinions
- Ohio Galvanizing & Manufacturing Co. v. NicholSupreme Court of Arkansas · 1926
- Johnson v. T. M. Dover Mercantile Co.Supreme Court of Arkansas · 1924
- Wasson v. PattonSupreme Court of Arkansas · 1935
- Copeland v. Union Industrial Loan Corp.Supreme Court of Arkansas · 1932
- Zographos v. VichasOregon Supreme Court · 1935
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