Pelham v. State Bank
Supreme Court of Arkansas
• Debt, on bond, by the Bank, assignee of Henry R. and William L. Hynson, against Pelham, determined in the Independence Circuit Court, in August, A. D. 1841, before the Hon. Thomas Johnson, one of the Circuit Judges.
Read the full summary
• Debt, on bond, by the Bank, assignee of Henry R. and William L. Hynson, against Pelham, determined in the Independence Circuit Court, in August, A. D. 1841, before the Hon. Thomas Johnson, one of the Circuit Judges. Oyer was craved and granted, of the bond sued on, and the defendant demurred to the declaration, assigning, as causes of demurrer, that the plaintiff stated that it sued as assignee of the Hynsons, but not that they mere partners; that the assignment was made by them as partners; that, if the bond was thus made to them as individuals, the assignment of one would not carry the…
1Opinion of the Court
By the Court,
Dickinson, J.
The exceptions of the plaintiff in error came too late to be considered. As they were not reserved at the trial, they form no part of the record. There was no objection made to the amendment of the declaration, after the demurrer was sustained, nor any further steps taken by the defendant below; consequently, it is too late now to avail himself of any irregularity in this respect. The breaches in the declaration are well laid; and whether the assignment of the'writing obligatory was set out with sufficient certainty, is immaterial; for oyer was craven only of the…
2Cited by2 opinions
- Missouri Pacific Transportation Co. v. MoodySupreme Court of Arkansas · 1939
- Roane v. HintonSupreme Court of Arkansas · 1846