Thompson v. Real Estate Bank
Supreme Court of Arkansas
This was an action of debt, determined in the Phillips Circuit Court, in November, 1841, before the Hon. Isaac Baker, one of the circuit judges. The Bank sued Stewart, C. Mooney, Davis Thompson, and John II. Rawles, on their joint and several note, for $600. Thompson & Rawles craved oyer, which being granted, .they pleaded nil debet, and usury, in taking more than seven per centum per annum interest in advance, on a loan for nine months.
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This was an action of debt, determined in the Phillips Circuit Court, in November, 1841, before the Hon. Isaac Baker, one of the circuit judges. The Bank sued Stewart, C. Mooney, Davis Thompson, and John II. Rawles, on their joint and several note, for $600. Thompson & Rawles craved oyer, which being granted, .they pleaded nil debet, and usury, in taking more than seven per centum per annum interest in advance, on a loan for nine months. To the plea of usury, the plaintiff demurred, and the demurrer was sustained. The suit was then abated, as to Mooney, on a suggestion of his death; and the…
1Opinion of the Court
By the Court,
Lacy, J.
All the points, except one, have heretofore been ruled against the plaintiffs in error, by this Court, and that one was correctly decided by the Court below. It was not error to discontinue the cause, as to one of the defendants on the record, his death being previously suggested, and the discontinuance not excepted to. It was held, in Sumner vs. Ford & Co., 3 Ark. Rep. 389, that, in an action against the maker of a promissorj' note, or an acceptor of a bill of exchange, made payable at a particular place, it was not necessary to aver or prove presentment or demand, at…
2Cases cited1 opinion
- Sumner v. Ford & Co.Supreme Court of Arkansas · 1841