Legal Opinion

Hamburg Bank v. Ahrens

Supreme Court of Arkansas

Decided May 17, 1915PublishedCited by 6 opinions

Appeal from Ashley Circuit Court; II. W. Wells, Judge; STATEMENT BY THE COURT. The appellees executed as principal ¡and sureties, a series of notes to the Hamburg Bank, dated December 16, 1909, in a ¡stum equal to $50 each, with 10 per cent interest from ¡date ¡till maturity -and hearing 10 per cent ¡after maturity until paid, the last note being payable March 16, 1914. The first sixteen notes were paid as they fell due and on January 6, 1913, nineteen of the notes were past…

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Appeal from Ashley Circuit Court; II. W. Wells, Judge; STATEMENT BY THE COURT. The appellees executed as principal ¡and sureties, a series of notes to the Hamburg Bank, dated December 16, 1909, in a ¡stum equal to $50 each, with 10 per cent interest from ¡date ¡till maturity -and hearing 10 per cent ¡after maturity until paid, the last note being payable March 16, 1914. The first sixteen notes were paid as they fell due and on January 6, 1913, nineteen of the notes were past due, and on tblalt date the Hamburg Bank endorsed for value té the appellant, T. N. Doyle, ¡the remaining sixteen notes…

1Opinion of the Court

Kirby, J.,

(.after stating the facts.) It is contended first that the court erred in not excluding from the consideration of the jury the testimony of the witnesses relative to the parol agreement .to deliver to Brown’s insurance agency the insurance business of the officers of the bank and its customers, which could be controlled by it, it being claimed that if such 'an agreement was made, it was not to be performed wibbin a year and was within the statute of frauds and therefore the failure to carry it out could not constitute a failure o'f consideration of the notes.(1) This court has held…

2Cases cited5 opinions

  1. Webster v. CarterSupreme Court of Arkansas · 1911
  2. Harbison v. HammonsSupreme Court of Arkansas · 1914
  3. Little v. Arkansas National BankSupreme Court of Arkansas · 1914
  4. Dutton v. MillionSupreme Court of Arkansas · 1914
  5. Lewis v. RieffSupreme Court of Arkansas · 1914

3Cited by6 opinions

  1. Payne v. BeaumontCourt of Appeals of Texas · 1922
  2. McCollum v. GraberSupreme Court of Arkansas · 1944
  3. Wilkinson v. FeildDistrict Court, W.D. Arkansas · 1952
  4. Skinner v. FisherSupreme Court of Arkansas · 1915
  5. Cruce v. DillardSupreme Court of Arkansas · 1941

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