Heartman v. Franks
Supreme Court of Arkansas
APPEAL from Izard Circuit Court. Hon. R. H. Powell, Circuit Judge. Execution of note to company admitted its existence as a corporation. 12 Ark., 769. Appellant was assignee and true party in interest. Any mark intended for maker’s name binds him. Daniel on Neg. Inst., vol. 1, top p. 546; A McLean, 173. Negotiability not destroyed by waiver of objection. Daniel, etc., top pp. 52, 54, vol. 1; 67 Penn. St. Demurrer proper.
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APPEAL from Izard Circuit Court. Hon. R. H. Powell, Circuit Judge. Execution of note to company admitted its existence as a corporation. 12 Ark., 769. Appellant was assignee and true party in interest. Any mark intended for maker’s name binds him. Daniel on Neg. Inst., vol. 1, top p. 546; A McLean, 173. Negotiability not destroyed by waiver of objection. Daniel, etc., top pp. 52, 54, vol. 1; 67 Penn. St. Demurrer proper. Gantt’s Digest, sec. 4564. No new issues raised by it, and not affected by the decision in 80 Ark., 560. The clock company was the party in interest, no valid assignment…
1Opinion of the Court
STATEMENT.
Eakin, J.
Heartman sued Franks before a justice of the-peace, filing a note, executed by the defendant, dated November 28,1877, for $33 payable to the order of the “Southern Callender Clock Company” on the first of November, 1878, waiving all rights under the homestead, exemption, or stay laws. Defendant appeared, and as the transcript says, demurred verbally to the case. His objection was overruled, and judgment was rendered against him, from • which he appealed to the circuit court.
There, he filed a written demurrer, as he says, to the “ complaint” for defect of parties,, and…
2Cases cited2 opinions
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3Cited by7 opinions
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