Continental Gin Co. v. Benton
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The Continental Gin Company sued B. B. Benton in a justice’s court on a negotiable promissory note for the sum of $225, with interest, alleging that it was long past due, that no part of same had been paid, and that it was in the possession of the defendant, having been turned over to him, marked “Paid,” by mistake.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The Continental Gin Company sued B. B. Benton in a justice’s court on a negotiable promissory note for the sum of $225, with interest, alleging that it was long past due, that no part of same had been paid, and that it was in the possession of the defendant, having been turned over to him, marked “Paid,” by mistake. No answer was filed, and judgment by default was rendered, from which an appeal was taken to the circuit court. Upon the trial there, the officers and agents of appellant company testified that the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court erred in the refusal to give said instruction numbered 4, and that there is no testimony to sustain the verdict.
There is no doubt but that, under ordinary conditions, it devolves upon the party pleading payment as a defense to prove it. Hayes v. Dickey, 67 Ark. 169; Blass v. Lawhorn, 64 Ark. 466.
It is also true that possession of a promissory note by the maker is presumptive evidence of its payment, and that, although receipts of payment are prima facie evidence thereof, they are open -to explanation and contradiction, but…
2Cases cited7 opinions
- Fidelity Mutual Life Insurance v. ClickSupreme Court of Arkansas · 1909
- Woodward v. CampbellSupreme Court of Arkansas · 1882
- Greer v. LawsSupreme Court of Arkansas · 1892
- Springfield & Memphis Railroad v. AllenSupreme Court of Arkansas · 1885
- Blass v. LawhornSupreme Court of Arkansas · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wyman v. RoesnerDistrict of Columbia Court of Appeals · 1981
- Security Benefit Assn. v. PunchSupreme Court of Arkansas · 1927
- Daugherty v. MerrifieldSupreme Court of Arkansas · 1935
- Algeo v. StewartMissouri Court of Appeals · 1928
- Cheney v. Auto Fedan Hay Press Co.Supreme Court of Arkansas · 1920
3 more not listed; retrieve them via the Exa API.