Tancred v. First National Bank
Supreme Court of Arkansas
■ Appeal from Sebastian Chancery Court, Fort Smith District; Wm. A. Falconer, Chancellor; 1. The appellant was a surety and not a primary debtor. It was the duty ¡of the court to cancel the note ¡as to appellant and require its surrender to him. 54 Ark. 97; 34 Id. 44; 9 Id. 418; 14 Id. 218; 106 Id. 160; 73 Id. 484; 92 Id. 606. The release of Mrs. Harper released Tancred. 20 L. R. A. 712 and note; 52 Id.
Read the full summary
■ Appeal from Sebastian Chancery Court, Fort Smith District; Wm. A. Falconer, Chancellor; 1. The appellant was a surety and not a primary debtor. It was the duty ¡of the court to cancel the note ¡as to appellant and require its surrender to him. 54 Ark. 97; 34 Id. 44; 9 Id. 418; 14 Id. 218; 106 Id. 160; 73 Id. 484; 92 Id. 606. The release of Mrs. Harper released Tancred. 20 L. R. A. 712 and note; 52 Id. (N. S.) 368 and note; 7 Cyc. 732; 32 Cyc. 40, 201. A renewal is not the creation of a new debt; it is merely the extension of the old one. 96 Ark. 268. 2. The bank discharged Tancred by…
1Opinion of the CourtMcCulloch, C. J.
Harper & Wilson, a partnership composed of George W. Harper and C. P. Wilson, who were engaged in the mercantile business in the city of Fort Smith, became indebted to the .appellee, First National Bank of Fort Smith, in the sum of $40,000 for borrowed money, and their indebtedness to other creditors amounted to about the same sum. The partnership owned a large amount of property, both real and personal, and each partner possessed individual property. Harper died in the year '1913, leaving surviving his widow, Annie A. Harper, to whom he bequeathed and devised all of his property.
After the…
2Cases cited4 opinions
- Hale v. SpauldingMassachusetts Supreme Judicial Court · 1888
- Pettigrew Machine Co. v. HarmonSupreme Court of Arkansas · 1885
- Carroll v. CorbittSupreme Court of Alabama · 1877
- Vandeventer v. DavisSupreme Court of Arkansas · 1909
3Cited by4 opinions
- Biggs v. DavisSupreme Court of Arkansas · 1931
- Canada v. ShutteeMissouri Court of Appeals · 1921
- Schiffer v. United Grocers, Inc.Oregon Supreme Court · 1999
- Schiffer v. United Grocers, Inc.Oregon Supreme Court · 1999