Sharp v. Fleming
Supreme Court of Arkansas
Appeal from Sevier Circuit Court. James'S. Steel, Judge. statement by the court. S. C. Sharp & Company, a firm composed of appellant, S. C. Sharp, and one Manning, were indebted to appellee in the sum of $390 on account for goods, wares and merchandise sold to them, and on January 22, 1902, gave appellee their check on the Howard County Bank, of Nashville, Ark., for that amount in payment of the debt.
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Appeal from Sevier Circuit Court. James'S. Steel, Judge. statement by the court. S. C. Sharp & Company, a firm composed of appellant, S. C. Sharp, and one Manning, were indebted to appellee in the sum of $390 on account for goods, wares and merchandise sold to them, and on January 22, 1902, gave appellee their check on the Howard County Bank, of Nashville, Ark., for that amount in payment of the debt. The check was delivered to appellee’s traveling agent by Sharp & Company at their place of business at Lockesburg, Ark., and was immediately sent by mail to appellee at Fort Smith. Appellee…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) Appellant has no just cause of complaint at the instructions of the court. They were quite as favorable to his defense as he was entitled to
According to the undisputed facts appellee was entitled to a verdict against appellant for the amount of the debt.
Giving the check, which was never paid, was not an extinguishment of the original debt, unless shown to have been accepted absolutely in payment. DeYampert v. Brown, 28 Ark. 166; Henry v. Conley, 48 Ark. 267.
Appellee forwarded 'the check for payment as soon as received, and notified appellant of its…
2Cases cited2 opinions
- Henry v. ConleySupreme Court of Arkansas · 1886
- De Yampert v. BrownSupreme Court of Arkansas · 1873
3Cited by8 opinions
- Lowell Co-operative Bank v. SheridanMassachusetts Supreme Judicial Court · 1933
- Fletcher v. RaySupreme Court of Arkansas · 1952
- Dudley v. AdamsSupreme Court of Arkansas · 1957
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
- American Insurance v. McGehee Liquor Co.Supreme Court of Arkansas · 1909
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