Burgie v. Bailey
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Henry W. Wells, Judge; The court erred in striking out the testimony of Hauptman and Matthews, and in refusing to admit the testimony of Robinson and Beadel. This testimony was admissible to establish the promise of Bailey to settle Jackson’s outstanding bills, and to show a new, original and valuable consideration actuating Bailey to make the promise.
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Appeal from Chicot Circuit Court; Henry W. Wells, Judge; The court erred in striking out the testimony of Hauptman and Matthews, and in refusing to admit the testimony of Robinson and Beadel. This testimony was admissible to establish the promise of Bailey to settle Jackson’s outstanding bills, and to show a new, original and valuable consideration actuating Bailey to make the promise. Where an agreement to pay the debt of another is founded upon a new and original consideration of benefit or harm between the new contracting parties, it does not fall within the statute of frauds. 64 Ark. 462;…
1Opinion of the CourtHart, J.
On the 24th day of November, 1905, L. & E. Wertheimer brought suit before a justice of the peace in Chicot County against E. C. Jackson for $292.50 alleged to be due them by Jackson for whisky and other merchandise sold to him.
Jackson answered and admitted the indebtedness. He also filed a cross complaint against H. F. Bailey and Gaines Robinson, alleging that he had purchased the license, stock of goods and place of business of said H. F. Bailey for the sum of $4,812.20, on which he had paid, in three monthly installments, $1,800; that, becoming dissatisfied with the business and aware that…
2Cases cited2 opinions
- Gale v. HarpSupreme Court of Arkansas · 1897
- Ramsey v. CapshawSupreme Court of Arkansas · 1903
3Cited by4 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Lemm v. SparksSupreme Court of Arkansas · 1959
- Shelton v. Kennedy Funding, Inc.Court of Appeals for the Eighth Circuit · 2010
- Park v. BurgeCourt of Appeals of Arkansas · 1982