Williams v. Morris
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. This suit was brought by Fleetwood Morris against Coffee Williams, appellant, and C. L,. Sloat and Newt.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. This suit was brought by Fleetwood Morris against Coffee Williams, appellant, and C. L,. Sloat and Newt. Reed on the following promissory note: “$500.00. Oct. 12, 1907. “One year after date we promise to pay to the order of Fleet-wood Morris five hundred dollars, for value received, negotiable and payable without defalcation or discount, and with interest from date at the ráte óf 10 per cent, per annum, and, if interest be not paid annually, to become as principal and bear the same rate of interest. (Signed) “A.…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that appellant was not bound to the payment of the note as surety, he having been induced to sign it by fraudulent and false representations of C. L. Sloat that he was the principal therein and because said note was negotiated and used without procuring the signature of one other person as surety thereon in direct violation of the agreement, which induced him to become a surety, that this would be done.
It was not alleged in the answer, nor was there any proof tending to show, that the payee in the note who loaned the money thereon had any…
2Cases cited4 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- Stiewel v. American Surety Co.Supreme Court of Arkansas · 1902
- Jacobs v. CurtissSupreme Court of Connecticut · 1896
- Doane v. New Orleans & Ohio Telegraph Co.Supreme Court of Louisiana · 1856
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- J. R. Watkins Medical Co. v. WarrenSupreme Court of Arkansas · 1921
- Johnson v. T. M. Dover Mercantile Co.Supreme Court of Arkansas · 1924
- Title Guaranty & Surety Co. v. SchmidtCourt of Appeals for the Eighth Circuit · 1914
- Copeland v. Union Industrial Loan Corp.Supreme Court of Arkansas · 1932