Springfield & Memphis Railroad v. Allen
Supreme Court of Arkansas
APPEAL from Fulton Circuit Court. Hon. R. H. Powell, Circuit Judge. A written receipt in full is evidence of the highest and most satisfactory character, and when given with full knowledge of the facts and circumstances, and there is no fraud, misrepresentation, mistake or imposition, it will bar a recovery, though given for a less sum than the party claims. 89 HI., 21%. The burden of pi’oof invariably rests on the party seeking to explain it.
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APPEAL from Fulton Circuit Court. Hon. R. H. Powell, Circuit Judge. A written receipt in full is evidence of the highest and most satisfactory character, and when given with full knowledge of the facts and circumstances, and there is no fraud, misrepresentation, mistake or imposition, it will bar a recovery, though given for a less sum than the party claims. 89 HI., 21%. The burden of pi’oof invariably rests on the party seeking to explain it. H III, Jf.%5. A receipt in full, in settlement of a disputed claim, with full knowledge of the circumstances, and no fraud, imposition or mistake, is a…
1Opinion of the CourtCockrill, C. J.
While the work of constructing the Springfield & Memphis Railroad was in progress, the appellee furnished meat to the laborers under a contract with Patrick & Reid, the chief contractors. He was to be paid 7 and 8 cents a pound according to quality, payments to be made monthly by Patrick & Reid upon orders drawn upon them by the sub-contractors for the meat furnished to them. It was a part of the original agreement that these orders should be discharged by Patrick & Reid at the end of each month by the payment of 10 per cent, less than their face; and this course of settlement was uniformly…
2Cases cited5 opinions
- United States v. Child & Co.Supreme Court of the United States · 1871
- Savage v. United StatesSupreme Court of the United States · 1876
- United States v. AdamsSupreme Court of the United States · 1869
- Ensworth v. DavenportSupreme Court of Connecticut · 1832
- McGlynn v. BillingsSupreme Court of Vermont · 1844
3Cited by11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Greer v. LawsSupreme Court of Arkansas · 1892
- Union Pac. R. Co. v. AndersonSupreme Court of Colorado · 1888
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