Maledon v. Leflore
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. This is an action by Campbell Leflore against John B. Maledon for a balance of $1,665.59 alleged to be due upon a promissory note. The note was jointly executed to Leflore for the sum of $5,000 by the following parties, to-wit: Fort Smith Evaporating Company, J. H. Clendening, Wm. M. Cravens, Geo. Sengel, and John B. Maledon, the appellant.
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Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. This is an action by Campbell Leflore against John B. Maledon for a balance of $1,665.59 alleged to be due upon a promissory note. The note was jointly executed to Leflore for the sum of $5,000 by the following parties, to-wit: Fort Smith Evaporating Company, J. H. Clendening, Wm. M. Cravens, Geo. Sengel, and John B. Maledon, the appellant. The note was given for money loaned by Leflore to the Evaporating Company, and Maledon was in fact only a surety. Maledon, in his answer, admitted the…
1Opinion of the Court
Riddick, J.,
(after stating the facts). We are of opinion that the judgment of the circuit court is right, and it must be affirmed. Appellant, Maledon, with other parties, stockholders in the Port Smith Rvaporating Company, executed a promissory note to Leflore for money loaned by him to said company. This note, under our statute, was in effect a joint and several obligation, and plaintiff had the right to sue one or all the makers thereof. Sand. & H. Dig., secs. 4186 and 5634.
Appellant states that he signed the note under the belief that it was. necessary for him and the other directors to…
2Cases cited3 opinions
- Davis v. StattsIndiana Supreme Court · 1873
- Richie v. FrazerSupreme Court of Arkansas · 1887
- Taylor v. DansbyMichigan Supreme Court · 1879
3Cited by5 opinions
- Fort Smith Structural Steel Co. v. Western Surety Co.District Court, W.D. Arkansas · 1965
- People's Savings Bank & Trust Co. v. HowsonSupreme Court of Arkansas · 1926
- Devoy & Kuhn Coal & Coke Co. v. HuttigSupreme Court of Iowa · 1916
- Mitchell v. ZurnTexas Commission of Appeals · 1920
- The W.T. Rawleigh Co. v. McAteerSupreme Court of Arkansas · 1942