Lafferty v. Rutherford
Supreme Court of Arkansas
This was an appeal from a justice of the peace determined in the Carroll circuit court, before the Hon. Jos. M. Hoge, one of the circuit judges, in December, 1843. Rutherford sued Lafferty. The cause of action was, “Rec’d. of John H. Rutherford, two hundred and twenty-five dollars for corn, at 374 cents per bushel, which I do promise to deliver on the river bank, when called for. January 25, 1838,” and si gnedby Lafferty.
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This was an appeal from a justice of the peace determined in the Carroll circuit court, before the Hon. Jos. M. Hoge, one of the circuit judges, in December, 1843. Rutherford sued Lafferty. The cause of action was, “Rec’d. of John H. Rutherford, two hundred and twenty-five dollars for corn, at 374 cents per bushel, which I do promise to deliver on the river bank, when called for. January 25, 1838,” and si gnedby Lafferty. On the back, was a credit as follows, “Rec’d. on the within five hundred bushels of corn. March 19, 1838,” signed by Rutherford; also endorsed was, “For value received, I…
1Opinion of the Court
By the court,
Sebastian J.
In the examination of this cause many questions are presented, which it is unnecessary to decide. We confine ourselves entirely to one, which alone will decide the fate of the cause, and which, although not in express terms discussed in the circuit court; yet as it is presented by the record, we are not at liberty to. decline it. Among other instructions which were asked by the defendant, the court refused to give the following, “that the demand offered in evidence is not sufficient to warrant a recovery.” Under this the court should have examined the questions of law…
2Cases cited1 opinion
- Gamblin v. WalkerSupreme Court of Arkansas · 1838