Huff v. Iowa City State Bank
Supreme Court of Arkansas
Appeal from G-arland Circuit Court; Scott Wood, Judge; 1. Tbe allegation of the complaint that the note was negotiated and transferred before maturity and for a valuable consideration being immaterial to appellee’s right of action, it was unnecessary to be denied in the ¿nswer, therefore the court below, notwithstanding it found as a fact that the note had been obtained by fraud, erred in holding that appellee was relieved from proving the consideration for the assignment.
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Appeal from G-arland Circuit Court; Scott Wood, Judge; 1. Tbe allegation of the complaint that the note was negotiated and transferred before maturity and for a valuable consideration being immaterial to appellee’s right of action, it was unnecessary to be denied in the ¿nswer, therefore the court below, notwithstanding it found as a fact that the note had been obtained by fraud, erred in holding that appellee was relieved from proving the consideration for the assignment. Kirby & Castle’s Dig., § § 7576-7-9, 7532, 7569, 7583-4, 7548-50; 3 Ark. 474; 3 Cranch, U. S. 209; 1 Curtis 559; 33 Ark.…
1Opinion of the CourtSmith, J.
This suit was brought to enforce the payment of a note executed by Mrs. E. Huff to the order of Donald-Pichard Company. Mrs. Huff testified that the execution of the note was procured by fraud. That she contracted to buy certain toilet articles upon condition that she be given the exclusive agency for the sale of these articles in Hot Springs, and she signed what was represented to be a contract to that effect. Other sales of these toilet articles were made in Hot Springs and Mrs. Huff refused on that account to receive the goods she had ordered. The contract which she supposed she had signed…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
3Cited by3 opinions
- St. Louis-San Francisco Railway Co. v. CoxSupreme Court of Arkansas · 1926
- Shores-Mueller Co. v. PalmerSupreme Court of Arkansas · 1919
- Kansas City Southern Railway Co. v. First National Bank of Ft. SmithSupreme Court of Arkansas · 1927