Hough v. Maupin
Supreme Court of Arkansas
Appeal from Fulton Circuit Court in Chancery. . John B. McCaueb, Judge. The wife could not testify in the husband’s defense. ■ 37 Ark. 298. The mortgage was only an incident to the debt. 67 Ark. 260. The written contract must govern. 68 Ark. 30. The defendant must abide the consequences of his own inattention and carelessness. 11 Ark. 1058; 27 Ark. 244; 8 Am. & Fng. Enc. T.aw, 643; 31 Ark. 170. A fraudulent misrepresentation must be relied upon. 8 Am. & Eng. Enc.
Read the full summary
Appeal from Fulton Circuit Court in Chancery. . John B. McCaueb, Judge. The wife could not testify in the husband’s defense. ■ 37 Ark. 298. The mortgage was only an incident to the debt. 67 Ark. 260. The written contract must govern. 68 Ark. 30. The defendant must abide the consequences of his own inattention and carelessness. 11 Ark. 1058; 27 Ark. 244; 8 Am. & Fng. Enc. T.aw, 643; 31 Ark. 170. A fraudulent misrepresentation must be relied upon. 8 Am. & Eng. Enc. Law, 636. Every one is presumed to know the effect of a contract which he signs. 9 Ind. 488; 44 Ind. 243; 15 N. W. 242; 119 111.…
1Opinion of the Court
Hum,, C. J.
The appellees became stockholders, for the purpose of borrowing, in the Farmers & Mechanics’ Savings Company of Springfield, Mo., a building and loan corporation organized as such under the laws of the State of Missouri. Two loans were obtained, but for brevity herein they will be discussed as one.
An obligation or bond was executed secured by mortgage on real estate in Mammoth Spring, Arkansas. The bond is in the usual form of building and loan obligations, with this exception : It seems to limit the payment to 60 monthly payments of the amount therein set forth. The by-laws and…
2Cases cited13 opinions
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Bertche v. Equitable Loan & Investment Ass'nSupreme Court of Missouri · 1898
- Bank of Harrison v. GibsonSupreme Court of Arkansas · 1895
- Hale v. PhillipsSupreme Court of Arkansas · 1900
- Reitz v. HaywardMissouri Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Abrams v. Citizens Building & Loan Ass'nSupreme Court of Arkansas · 1916
- Federal Savings & Loan Ass'n v. BaxterSupreme Court of Oklahoma · 1939
- Home Bldg. & Loan Ass'n v. WillsSupreme Court of Oklahoma · 1939