Jones v. Robinson
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Assumpsit by Robinson against Jones in the Johnson Circuit Court. The declaration alleged, in substance, that on the 39th July, 1837, Sharp executed a promisory note to defendant, due at twelve months from that date; of which profert was made. That on the 27th September, 1841, defendant endorsed the said note to plaintiff; and on the same day payment was demanded of Sharp and refused, of which defendant afterwards had notice.
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Appeal from Johnson Circuit Court. Assumpsit by Robinson against Jones in the Johnson Circuit Court. The declaration alleged, in substance, that on the 39th July, 1837, Sharp executed a promisory note to defendant, due at twelve months from that date; of which profert was made. That on the 27th September, 1841, defendant endorsed the said note to plaintiff; and on the same day payment was demanded of Sharp and refused, of which defendant afterwards had notice. (See Jones vs. Robinson, 3 Eng. R. where the declaration is copied, the case having been in this court before.) Defendant (after the…
1Opinion of the CourtJustice Scott
The first objection is against the admissibility of the parol evidence allowed to prove the contents of the instrument upon which the action was founded.
It is urged that there was no allegation in the declaration for ■this evidence, and that the proferí of the original, that the plaintiff had made in his declaration, had not been covered, consequently his case was not made out as he had alleged it. As to the latter he was never called on by oyer to produce the original and he was relieved from such production in this part of his case ■by the pleas of payment and the general issue interposed…
2Cases cited8 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Losee v. DunkinNew York Supreme Court · 1810
- Kennon v. M'ReaSupreme Court of Alabama · 1838
- Slosson v. BeadleNew York Supreme Court · 1810
- Aldis v. JohnsonSupreme Court of Vermont · 1828
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