McDermott v. Cable
Supreme Court of Arkansas
Appeal from Drew Circuit Court. Hon. John C. Murray, Circuit Judge. If any right or title was claimed under the contract, the objection that.there was no profert of it, might be good; but the plea sets up none.
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Appeal from Drew Circuit Court. Hon. John C. Murray, Circuit Judge. If any right or title was claimed under the contract, the objection that.there was no profert of it, might be good; but the plea sets up none. It merely denies the plaintiff’s right to recover on the note, because of a failure of the consideration and the contract is alleged as one of the facts arid circumstances showing how, or in what manner it had failed, and the legal effect is the same, whether it was in parol or in writing. This cause is different from that of Duncan et al. vs. Clements, 17 Ark. 27&, where a want of…
1Opinion of the CourtJustice Compton
This was an action of assumpsit, brought by Mrs. Cable, as administratrix of the estate of Westley L. Maulding, deceased, on a promissory note for $300, payable to her intestate.
The defendant pleaded non-assumpsit, to w’hich issue was joined; and also a special plea of total failure of consideration, in which it was averred, that the note sued on was executed for the residue of the purchase money for a certain tract of land which the defendant had contracted to purchase from the plaintiff’s”intestate and one Alexander Rudd, who agreed and were to convey the land to the defendant by deed, with…
2Cases cited2 opinions
- Duncan v. ClementsSupreme Court of Arkansas · 1856
- O'Neill v. HendersonSupreme Court of Arkansas · 1854
3Cited by2 opinions
- Norton v. HindsleySupreme Court of Arkansas · 1969
- Allen v. Bank of Eureka SpringsSupreme Court of Arkansas · 1929