Monticello State Bank v. Killian
Supreme Court of Arkansas
Appeal from Miller Circuit Court, Geo. R. Haynie, Judge; 1. The court erred in refusing to give the peremptory instruction asked by the plaintiff. (1) The animal when he died was the property of defendants, and his death did not reheve defendants from liability. The notes were purchased for value in reliance on the guaranty and contracts, under them there was no defense to the notes.
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Appeal from Miller Circuit Court, Geo. R. Haynie, Judge; 1. The court erred in refusing to give the peremptory instruction asked by the plaintiff. (1) The animal when he died was the property of defendants, and his death did not reheve defendants from liability. The notes were purchased for value in reliance on the guaranty and contracts, under them there was no defense to the notes. The horse was sold under a contract of sale or return and the title passed on delivery with the right to return and exchange for another within the specified time; the horse died before any offer to return; the…
1OpinionHart, J.
(On rehearing.) Counsel for the defendants in their petition for rehearing insists that the court overlooked the theory on which the lower eourt submitted the ease to the jury.
The trial court told the jury that the defendants contended that the horse in question was worthless as a breeding stallion, the purpose for which they say that he was purchased, and that therefore, the consideration for which the notes sued on were executed had wholly failed. The eourt further told the jury that if it found from a preponderance of the evidence that the horse was worthless as a breeding stallion, its…
2Cases cited4 opinions
- Webster v. CarterSupreme Court of Arkansas · 1911
- Crouch & Son v. LeakeSupreme Court of Arkansas · 1913
- Harrison v. WalkerSupreme Court of Arkansas · 1916
- Holland Banking Co. v. HaynesSupreme Court of Arkansas · 1916