Trader v. Chidester
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court. Hon. C. E. Mitchell, Circuit Judge, 1. As to first ground of demun-er, see 1 Pars, on Notes and Bills, 279; 1 Dan. Neg. Inst., 610. 2. On the second, see 12 Wheat., 183; 7 Curtis, 108; 1 Parsons Oont., (6ih Ed.), 593. 3. On the third, see 1 Pars.
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APPEAL from Ouachita Circuit Court. Hon. C. E. Mitchell, Circuit Judge, 1. As to first ground of demun-er, see 1 Pars, on Notes and Bills, 279; 1 Dan. Neg. Inst., 610. 2. On the second, see 12 Wheat., 183; 7 Curtis, 108; 1 Parsons Oont., (6ih Ed.), 593. 3. On the third, see 1 Pars. Cont., (6th Ed.), 593. By these authorities, none of the defenses, except fraud, would have been available. 4. If the note passed into appellant’s hands before maturity and for value, his right to recover could only be defeated by his own mala fides. Parsons Oont. on Notes- and Daniel, supra; 7 Cent. L. J.,*411. 5.…
1Opinion of the CourtSmith, J.
Trader brought his action against the makers of the following instrument, claiming that it had been indorsed to him before maturity:
“Hot Springs, Ark., Oct, 8th, 1881.
$381.25. Six months after date, we promise to pay to the order of Milburn Manufacturing Company, of St. Louis, Mo., three hundred and eighty-one dollars and twenty-five cents and exchange, value received, negotiable and payable at-with interest at the rate of ten per cent, per annum from maturity, and in the event of this note being collected by suit at law, agree to pay attorney’s fee of ten per cent, of amount of principal and…
2Cases cited14 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- First National Bank v. GaySupreme Court of Missouri · 1876
- Wall v. County of MonroeSupreme Court of the United States · 1881
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
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3Cited by9 opinions
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- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Benn v. KutzschanOregon Supreme Court · 1893
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