Legal Opinion

Hawkins v. Watkins

Supreme Court of Arkansas

Decided January 15, 1843PublishedCited by 4 opinions

This was assumpsit, determined in Pulaski circuit court, in November, 1840, before the Hon. John J. Ckendenin, one of the circuit judges. . Watkins sued Hawkins on a bill, or draft in these words: “ You will please pay to the order of Col. L. C. Howell, four hundred dollars in Arkansas money of the Fayetteville Branch, it being the balance of the five hundred dollar bill I sent you to exchange; your particular attention to this will greatly oblige.”

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This was assumpsit, determined in Pulaski circuit court, in November, 1840, before the Hon. John J. Ckendenin, one of the circuit judges. . Watkins sued Hawkins on a bill, or draft in these words: “ You will please pay to the order of Col. L. C. Howell, four hundred dollars in Arkansas money of the Fayetteville Branch, it being the balance of the five hundred dollar bill I sent you to exchange; your particular attention to this will greatly oblige.” The draft was drawn by L. W. Wallace upon Hawkins, and by him accepted generally. Howell assigned the draft to Watkins. The declaration contained…

1Opinion of the Court

By the Court,

Sebastian, J.

The main question arising upon the record, is, whether such an instrument as that sued on, is assignable by virtue of the-statute of this State. Rev. Code, p. 107, sec. 1 and 2, which provide “that all bonds, bills, notes, agreements and contracts in writing, for the payment of money or property, or both money and property, shall be assignable.” And, “the assignee of anjr such instrument as is specified in this act may sue for the same in his own name as assignee thereof, in the same manner that the original obligee or payee might or could do.” Such an instrument as…

2Cases cited2 opinions

  1. Jones v. FalesMassachusetts Supreme Judicial Court · 1808
  2. M'Cormick v. TrotterSupreme Court of Pennsylvania · 1823

3Cited by4 opinions

  1. Johnson v. DooleySupreme Court of Arkansas · 1898
  2. Owen v. LavineSupreme Court of Arkansas · 1854
  3. Raigauel & Co. ex rel. Lindauer v. AylifeSupreme Court of Arkansas · 1855
  4. Wilburn v. GreerSupreme Court of Arkansas · 1845

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