Gale v. Harp
Supreme Court of Arkansas
Appeal from Baxter Circuit Court. H. C. Allen, Special Judge. Harp brought suit against Gale on a note for $155. The court below sustained a demurrer to defendant’s answer, which was as follows: “Comes the defendant, and denies that he owes the plaintiff any sum whatever upon the demand sued on, because, he s-ivs, the consideration of said note has failed; that the debt for which said note was given was first contracted by and between this defendant and one Frank Cornell, in…
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Appeal from Baxter Circuit Court. H. C. Allen, Special Judge. Harp brought suit against Gale on a note for $155. The court below sustained a demurrer to defendant’s answer, which was as follows: “Comes the defendant, and denies that he owes the plaintiff any sum whatever upon the demand sued on, because, he s-ivs, the consideration of said note has failed; that the debt for which said note was given was first contracted by and between this defendant and one Frank Cornell, in which contract this defendant purchased from said Cornell one engine and boiler, saw and sawrig, and gin stand and…
1Opinion of the CourtHughes, J.
It is the judgment of the court that the circuit court erred in sustaining the demurrer to the answer of the appellant. The answer pleaded failure of consideration for which the note sued on was executed. The consideration which moved the appellant to execute his note to the appellee was that the appellee promised and agreed with the appellant that Cornell should and would in all things conform to and execute the condition of his contract with the appellee. This Harp wholly failed, according to the answer, to do. The appellant received no consideration whatever from Harp, the appellee, for…
2Cases cited4 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Lemmon v. BoxTexas Supreme Court · 1857
- Chapline v. Atkinson & Co.Supreme Court of Arkansas · 1885
- Hughes v. LawsonSupreme Court of Arkansas · 1876
3Cited by16 opinions
- Kessler v. ClayesMissouri Court of Appeals · 1910
- City National Bank v. RiggsSupreme Court of Arkansas · 1933
- Forever Green Athletic Fields, Inc. v. Lasiter Construction, Inc.Court of Appeals of Arkansas · 2011
- Ozark Diamond Mines Corp. v. TownesSupreme Court of Arkansas · 1915
- Elm Springs State Bank v. BradleySupreme Court of Arkansas · 1929
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