Fincher v. Bennett
Supreme Court of Arkansas
Appeal from,' Columbia Circuit Court; George W. Hays, Judge; The burden was on the defendant to prove the release of Parker on the part of the bank. Even acceptance by a creditor of the note or bill of a third party for the debt does not discharge the debtor unless especially so agreed by the parties. 45 Ark. 313, 317; 46 Ark. 163, 166. No express release of Parker by the bank is proved.
1Opinion of the CourtFrauENThae, J.
This was an action of replevin instituted by the appellant against the appellee for the recovery of a mule. On May 7, 1907, one J. W. Parker, being indebted to 'the Bank of Waldo, executed to said bank a note for $250 due four months after date with J. C. Love as surety thereon, and on the same day, in order to secure the payment of the note, said Parker executed to the bank a deed of trust on two mules. On May 18, 1907, Parker became indebted to said bank in the additional sum of $395, and on that day executed a second note for that sum to the bank with said Love as surety thereon, payable…
2Cases cited4 opinions
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Wallis v. LongSupreme Court of Alabama · 1849
- Acker v. BenderSupreme Court of Alabama · 1858
- Hicks & Brother v. Ross & ReddittTexas Supreme Court · 1888
3Cited by14 opinions
- The Farm Bureau Co-Operative Mill and Supply, Inc., and Ottis Watson v. Blue Star Foods, Inc.Court of Appeals for the Eighth Circuit · 1956
- Vaughan v. HinkleSupreme Court of Arkansas · 1917
- Swords v. Occident Elevator Co.Montana Supreme Court · 1924
- Bank of Bentonville v. Swift & Co.Supreme Court of Arkansas · 1961
- Horton v. ThompsonSupreme Court of Arkansas · 1916
9 more not listed; retrieve them via the Exa API.