Akin & Co. v. Peters
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. There was a complete novation of appellants’ debt, whereby they became released, and it was assumed by Murray, and to this' assumption appellee consented.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. There was a complete novation of appellants’ debt, whereby they became released, and it was assumed by Murray, and to this' assumption appellee consented. Unless there was some special agreement or understanding, the acceptance of Murray’s drafts' releases and discharges the account, or, at least, the acceptance raises in law a prima facie presumption of such discharge and release, and unless that presumption is overthrown by proof, it becomes conclusive. 7 Ark., 328; 7 Id., 339; 3 Id., 338; 28 Id., 66; 68 Ind., 233; 3…
1Opinion of the CourtSmith, J.
Peters sued Akin & Co. upon a book account. The defense was a novation of the contract, by which one Murray had, by and with the consent of all parties concerned, been substituted in their stead as the plaintiff’s debtor and themselves had been discharged from further liability. A jury having been waived, the court found the issue in favor of the plaintiff and gave judgment accordingly.
The facts, as agreed upon, were that the defendants, merchants in Texarkana, were indebted on open accoúnt to the plaintiff, who resided in St. Louis, in the sum of $72.55 due January 20, 1884, and in the…
2Cases cited5 opinions
- The KimballSupreme Court of the United States · 1866
- Pierson v. HookerNew York Supreme Court · 1808
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Dever v. AkinSupreme Court of Georgia · 1869
- Cadens v. TeasdaleSupreme Court of Vermont · 1881
3Cited by5 opinions
- Young v. Evans-Snyder-Buel Commission Co.Supreme Court of Missouri · 1900
- Challis v. German National BankSupreme Court of Arkansas · 1892
- Bank of Hatfield v. BruceSupreme Court of Arkansas · 1924
- Cheltenham Stone & Gravel Co. v. Gates Iron WorksAppellate Court of Illinois · 1887
- Rice Growers' Credit Corp. v. WalkerSupreme Court of Arkansas · 1932