Ashley v. Gunton
Supreme Court of Arkansas
Appeal from the Oiremt Oowrt of PulasM Oowity-. Hon- William: H. Hemd, Circuit Judge. The facts that Ashley 'was the accommodation endorser or security for Sevier, which Was necessarily known to the plaintiffs; that the note was suffered to remain under protest from IVIarch, 1846, contrary to all banking usage, without any suit or demand -against Asbley, until December, 1848, after bis death and'the insolvency of Sevier; that payments of interest on 'the note were made by-…
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Appeal from the Oiremt Oowrt of PulasM Oowity-. Hon- William: H. Hemd, Circuit Judge. The facts that Ashley 'was the accommodation endorser or security for Sevier, which Was necessarily known to the plaintiffs; that the note was suffered to remain under protest from IVIarch, 1846, contrary to all banking usage, without any suit or demand -against Asbley, until December, 1848, after bis death and'the insolvency of Sevier; that payments of interest on 'the note were made by- Sevier from time ■to time subsequent to the protest, raise a strong presumption that ’time was extended to Sevier. The…
1Opinion of the CourtJustice Scott
This proceeding originated in the Probate Court of Pulasld county. It was for the allowance and classification of a claim against the estate of Chester Ashley, deceased. The application was granted, and a bill of exceptions having been taken on the part of the executrix, setting out all the evidence and the rulings of the court, an appeal was taken by her to the Circuit Court. ’ That court being of opinion that there was no error in the proceedings and judgment of the Probate Court, affirmed that judgment, and the executrix appealed to this court.
It appears that the claim, proceeded for by…
2Cases cited6 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- President of the Bank of United States v. HatchSupreme Court of the United States · 1832
- Rives v. ParmleySupreme Court of Alabama · 1850
- Bradley v. DavisSupreme Judicial Court of Maine · 1846
- Coster, Robinson & Co. v. ThomasonSupreme Court of Alabama · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Arnold v. McNeillSupreme Court of Arkansas · 1856
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887