Bank of Corning v. Nimnich
Supreme Court of Arkansas
Appeal from Clay Circuit 'Court, Western District; W. J. Driver, This was an instructed verdict: All the evidence offered by plaintiff must be considered in the light most favorable to it. 96 Ark. 394. Where there is any evidence tending to establish an issue it is error to direct a verdict or take the case from the jury. 95 Ark. 359. The note on its face establishes the liability of appellees; “We promise to pay,” signed by two or more persons is the joint obligation of all…
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Appeal from Clay Circuit 'Court, Western District; W. J. Driver, This was an instructed verdict: All the evidence offered by plaintiff must be considered in the light most favorable to it. 96 Ark. 394. Where there is any evidence tending to establish an issue it is error to direct a verdict or take the case from the jury. 95 Ark. 359. The note on its face establishes the liability of appellees; “We promise to pay,” signed by two or more persons is the joint obligation of all of them. 4 Am. & Eng. Enc. Law, (2 ed.) 110-111. This phrase and “the makers severally waive, etc.,” fix a prima facie…
1Opinion of the CourtMcCulloch, C. J.
Appellant sued appellees Joseph Nimnich and E. Hartwig for an amount alleged to be the balance due on a promissory note in the 'following form: $5,000.00 Corning, Ark., Sept. 27th, 1911.
Six months after date for value received, we promise to pay to the order of the Bank of Coming, Corning, Ark., Five Thousand Dollars.
With interest at ten per cent per annum from date until paid. The makers and endorsers of this note hereby severally waive presentment and payment, notice of non-payment, protest, and consent that time of payment may be extended without notice thereof.
Payable at Bank of Corning,…
2Cases cited7 opinions
- Falk v. MoebsSupreme Court of the United States · 1888
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Hitchcock v. BuchananSupreme Court of the United States · 1882
- Miller v. RoachMassachusetts Supreme Judicial Court · 1889
- Lawrence County Bank v. ArndtSupreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Randle v. Overland Texarkana CompanySupreme Court of Arkansas · 1930
- First National Bank v. J. H. Snyder Manufacturing Co.Supreme Court of Arkansas · 1928
- Larcon Company v. WallingsfordDistrict Court, W.D. Arkansas · 1955
- Mollenhour v. State First National Bank of TexarkanaCourt of Appeals of Arkansas · 1989