Sheppard v. Thomas
Supreme Court of Arkansas
Appeal from Jefferson Girouit Court. Hon. W. M. HaRRIson, Circuit Judge.' . The notes, which are the foundation of the claim in this case, were not negotiable by the law merchant, because, first, they were under seal; Walker v. Johnson, IS Ark., 5S7. Second, they were not for the payment of a certain sum of money, absolutely and unconditionally; Story' on Notes, sec. 1. A promise, which may he discharged in anything else but current money, is not negotiable, because a…
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Appeal from Jefferson Girouit Court. Hon. W. M. HaRRIson, Circuit Judge.' . The notes, which are the foundation of the claim in this case, were not negotiable by the law merchant, because, first, they were under seal; Walker v. Johnson, IS Ark., 5S7. Second, they were not for the payment of a certain sum of money, absolutely and unconditionally; Story' on Notes, sec. 1. A promise, which may he discharged in anything else but current money, is not negotiable, because a negotiable instrument by the commercial law is not a mere promise to pay, but is considered as the absolute representative of…
1Dissent
G-Regg, J. and 'Whytock, (Special J.)
dissenting, say:
There are several important questions in this case, the most difficult of which seem to arise upon a construction of the deed from Payne and Robinson to Sheppard, (except detailed descriptions of property, not necessary to a clear understanding and proper construction of the deed), it is as follows, to-wit:
“Know all men by these presents that we, James B. Payne and Elizabeth Robinson, in consideration of the sum of thirty thousand dollars, to us in hand paid by James Sheppard, and of the further sum of eighty-six thousand one hundred and…
2Cases cited12 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- McAlpin v. BurnettTexas Supreme Court · 1857
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Amory v. ReillyIndiana Supreme Court · 1857
- Haley v. BennettSupreme Court of Alabama · 1837
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