Perry County Bank v. Rankin
Supreme Court of Arkansas
Appeal from Perry Circuit Court. Robert J. Lea, Judge. If there is any evidence to uphold a theory, it is the right of the litigant to have the jury pass upon it. 50 Ark. 545; 33 Ark. 350; 35 Ark. 147; 36 Ark. 451; 39 Ark. 491; 62 Ark. 63. Assignment of a negotiable instrument cuts off all defenses by the maker.
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Appeal from Perry Circuit Court. Robert J. Lea, Judge. If there is any evidence to uphold a theory, it is the right of the litigant to have the jury pass upon it. 50 Ark. 545; 33 Ark. 350; 35 Ark. 147; 36 Ark. 451; 39 Ark. 491; 62 Ark. 63. Assignment of a negotiable instrument cuts off all defenses by the maker. Sand. & H. Dig. § 492; 31 Ark. 20, 128; 40 Ark. 545; 36 Ark. 228; 41 Ark. 242, 418; 42 Ark. 22; 53 Ark. 523. The presentation of the verified account showing the amount ■due was waived. 37 Ark. 499; .67 Ark. 219; 32 Ark. 593. If the suit was improperly brought at law, the error was…
1Opinion
ON RRHRARING.
McCuuuoch, J.
The complaint in this cause alleges a special ownership in the plaintiff of the property sued for, and sets forth the facts upon which the claim of ownership is based, i. e., the chattel mortgage executed by the defendant, and “that plaintiff is the owner and holder of said note and mortgage for value.” The answer contains no denial of the execution of the note and mortgage, nor that the plaintiff is the owner and holder thereof, but it denies generally that plaintiff is the owner or entitled to the possession of the property, and pleads payment of the note secured…
2Cases cited5 opinions
- Tuthill v. . SkidmoreNew York Court of Appeals · 1891
- Person v. WrightSupreme Court of Arkansas · 1879
- J. Thompson & Sons Manufacturing Co. v. NichollsNebraska Supreme Court · 1897
- Deyerle v. HuntMissouri Court of Appeals · 1892
- Paxton & Gallagher v. LearnNebraska Supreme Court · 1898