Stewart v. Sharp County Bank
Supreme Court of Arkansas
Appeal from Sharp Circuit Court. John B. McCaleb, Circuit Judge. statement by the court. John Eady, a merchant of Hardy, Ark., was, in August, 1900, indebted to Stewart, Gwynne & Co., of Memphis, Tenn., in the sum of $114.66, on account for goods and merchandise sold and delivered.
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Appeal from Sharp Circuit Court. John B. McCaleb, Circuit Judge. statement by the court. John Eady, a merchant of Hardy, Ark., was, in August, 1900, indebted to Stewart, Gwynne & Co., of Memphis, Tenn., in the sum of $114.66, on account for goods and merchandise sold and delivered. This account was overdue, and in the month named Stewart, Gwynne & Co. gave instructions to one of their traveling salesmen to go to Hardy, and not to leave there until the account was paid, or the matter was closed up in some way. The agent went there, and presented the account, but Eady was unable to pay at that…
1Opinion of the Court
Riddick, J.,
(after stating the facts). This is an action brought by Stewart, Gwynne & Co. against E. B. Beeton and C. D. Foster, partners doing a banking business under the firm name of the Sharp County Bank; Foster being president, and Beeton cashier of the bank. The action is based on a writing by which plaintiffs contend that the defendants guarantied the payment of an account due plaintiffs from one Eady for $114. The writing sued on was indorsed on the account of plaintiffs against Eady, and is in the following words: “This bill will be paid in fifteen days. Draw for amount at that…
2Cases cited2 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Braddock v. WertheimerSupreme Court of Arkansas · 1900
3Cited by5 opinions
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Pittinger v. Southwestern Paper Co. of Fort WorthCourt of Appeals of Texas · 1941
- Falls City Construction Co. v. BoardmanSupreme Court of Arkansas · 1914
- Martin v. MongerSupreme Court of Arkansas · 1914
- Arkadelphia Milling Co. v. GoddardSupreme Court of Arkansas · 1928