Thompson v. Treller
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Allen Hughes, Judge; 1. The court erred in charging the jury with reference to the notice that appellants were not thereby protected if they found that Duty had absconded, leaving in the State no property. The statute is unequivocal that a failure to sue after notice is a perfect defense in favor of the sureties.
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Appeal from Greene Circuit Court; Allen Hughes, Judge; 1. The court erred in charging the jury with reference to the notice that appellants were not thereby protected if they found that Duty had absconded, leaving in the State no property. The statute is unequivocal that a failure to sue after notice is a perfect defense in favor of the sureties. Kirby’s Digest, § 7921. It evidently means that the creditor must first learn by suit whether he can collect his debt of the principal before taking action against the sureties. 48 Ark. 254. It was misleading and prejudicial to charge the jury that…
1Opinion of the CourtMcCuxxoch, J.
A contract was entered into between one S. Dufy -and appellee, Treller, whereby the former undertook to erect a house for the latter -according to the plans and specifications of an architect, and Duty also executed a bond in the sum o-f $1,500 to appellee, with appellants, Thompson and Coffman, as sureties, for the performance of the contract. The obligors in the bond, by the terms thereof, acknowledged themselves to be indebted to appellee in said sum of $1,500, on condition that, if the principal should faithfully perform his contract, the obligation should be void. The -bond contained a…
2Cases cited4 opinions
- Hightower v. OgletreeSupreme Court of Alabama · 1896
- Phillips v. RileySupreme Court of Missouri · 1858
- Conklin v. ConklinIndiana Supreme Court · 1876
- Cummins v. GarretsonSupreme Court of Arkansas · 1854
3Cited by5 opinions
- Sims v. EverettSupreme Court of Arkansas · 1914
- Madison County Farmers Ass'n v. American Employers' Ins. CoCourt of Appeals for the Eighth Circuit · 1954
- Donahue v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1929
- Madison County Farmers Ass'n v. American Employers' Ins.District Court, W.D. Arkansas · 1953
- Clark v. StateSupreme Court of Arkansas · 1968