Reed v. Rogers
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jas. Cochran, Judge; 1. The contract was in writing and parol testimony to vary its terms was not admissible. It was error to admit parol testimony that Rogers intended to sign as surety for appellant. 2. Appellant moved the court to reduce all the instructions to writing, and it was error to refuse. Const, art. 7, § 23; 72 Ark. 398. 3. The court erred in its instructions.
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Appeal from Crawford Circuit Court; Jas. Cochran, Judge; 1. The contract was in writing and parol testimony to vary its terms was not admissible. It was error to admit parol testimony that Rogers intended to sign as surety for appellant. 2. Appellant moved the court to reduce all the instructions to writing, and it was error to refuse. Const, art. 7, § 23; 72 Ark. 398. 3. The court erred in its instructions. The oral instruction on the court’s own motion, after the jury had been out deliberating, invades the province of the jury in that it expresses the court’s conclusion or opinion or a fact…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) “There is no doubt that where the relation of suretyship exists between joint promisors upon a bill or note their relation may be shown as between themselves.” 2 Daniel on Negotiable Instruments, sec. 1336; Sloan v. Gibbes, 56 S. C. 480, 76 Am. St. Rep. 559-560, and cases cited in note.
In McGee v. Prouty et al., 50 Mass. (9 Metcalf) 547, it is said: “The law respecting sureties and their obligations to contribute proportionally does not arise out of a contract between them but is founded on principles of equity, and the obligation is enforced as a legal…
2Cases cited4 opinions
- Jackson v. StateSupreme Court of Arkansas · 1910
- National Lumber Co. v. SnellSupreme Court of Arkansas · 1886
- First National Bank v. ReinmanSupreme Court of Arkansas · 1910
- Burnett v. StateSupreme Court of Arkansas · 1904
3Cited by9 opinions
- Benson v. StateSupreme Court of Arkansas · 1921
- Leggett v. StateSupreme Court of Arkansas · 1957
- Mallory v. StateSupreme Court of Arkansas · 1920
- Franklin v. StateSupreme Court of Arkansas · 1922
- Pennington v. KarcherSupreme Court of Arkansas · 1926
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