Legal Opinion

Stewart v. Bobo

Supreme Court of Arkansas

Decided December 10, 1906PublishedCited by 2 opinions

Appeal .from Carroll Circuit Court; J. S. Maples, judge; 1. This court will reverse where there is a total absence of evidence on a material point. 44 Ark. 259; 46 Ark. 142; 47 Ark. 197; 51 Ark. 467; 52 Ark. 314; 57 Ark. 577. 2. Appellant was entitled to interest 'on acceptances after maturity. 19 Ark. 16; 36 Ark. 355; 43 Ark. 275; 46 Ark. 87. 3. The verdict is contrary both to the evidence and the law.

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Appeal .from Carroll Circuit Court; J. S. Maples, judge; 1. This court will reverse where there is a total absence of evidence on a material point. 44 Ark. 259; 46 Ark. 142; 47 Ark. 197; 51 Ark. 467; 52 Ark. 314; 57 Ark. 577. 2. Appellant was entitled to interest 'on acceptances after maturity. 19 Ark. 16; 36 Ark. 355; 43 Ark. 275; 46 Ark. 87. 3. The verdict is contrary both to the evidence and the law. The evidence is uncontradicted that the acceptances were sold by the Elgin Jewelry Company, in due course of business, to appellant, and before maturity, without notice or knowledge on his…

1Opinion of the CourtMcCuuuoch, J.

This is an action brought by appellant, W. H. Stewart, against appellee, C. E. Bobo, to recover the amount of certain bills of exchange drawn by the Elgin Jewelry Company on appellee and. accepted by him, the same having been assigned to appellant.

On a trial by jury a verdict was rendered in favor of appellant for a portion only of the amount sued for — the jury finding in favor of the defendant (appellee) as to certain credits claimed' by way of setoff. No objection is made here to the instructions of the court, but it is contended that the verdict is contrary to.the evidence.

Counsel for…

2Cases cited1 opinion

  1. Ruble v. HelmSupreme Court of Arkansas · 1893

3Cited by2 opinions

  1. Siloam Springs v. BroylesSupreme Court of Arkansas · 1908
  2. Poinsett Gin Company v. McCoySupreme Court of Arkansas · 1943

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