Burke v. M. E. Leming Lumber Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Appellant .admits signing the note, but he was subsequently released from liability thereon because of a contract, based upon .a valuable consideration, between .this .appellant, L. S. Joseph and appellee.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Appellant .admits signing the note, but he was subsequently released from liability thereon because of a contract, based upon .a valuable consideration, between .this .appellant, L. S. Joseph and appellee. This constituted a novation and .appellant was thereby discharged from liability. 22 Pac. 673; 35 S. W. 444; 37 S. W. 1019; 59 Ind. 508; 3 Ark. 216; Chitty on Contracts 581; 24 Ark. 356; 61 Ala. 155; 33 111. App. 534; 104 Ind. 180 ; 36 Tex. 76. When the court treated the motion of plaintiff as a demurrer to the…
1Opinion of the CourtMcCulloch, C. J.
Appellee sued appellant, M. C. Burke, on a promissory note in the following* form: “$1,200.00 St. Louis, Mo., Sept. 23, 1913.
February 2, 1914, after date, we promise to pay to the order of M. E. Leming Lumber Co., One Thousand, Two Hundred ¡and no/100 Dollars, with interest at the rate of 8 per cent per annum from date until paid, for value received, negotiable and payable without defalcation or discount, payable.......................
Burke & Joseph,
By M. C. Burke.”
Appellant answered, but the court held the answer to be insufficient and rendered judgment for the amount of the note. The only…
2Cases cited1 opinion
- Swan v. BensonSupreme Court of Arkansas · 1877
3Cited by2 opinions
- Wallace v. HammondsSupreme Court of Arkansas · 1926
- Miller v. BennettMissouri Court of Appeals · 1943