Fechheimer-Kiefer Co. v. Kempner
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second' Division; Guy FulJc, Judge; STATEMENT BY THE COURT. Appellant brought suit on a promissory note executed by appellee, dated at Cincinnati, December 28,1908, for $9,053.00, payable to its order, at its office one day after date. Certain credits were endorsed on the note and there was a prayer for judgment for $7,350.98, the balance due thereon.
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Appeal from Pulaski Circuit Court, Second' Division; Guy FulJc, Judge; STATEMENT BY THE COURT. Appellant brought suit on a promissory note executed by appellee, dated at Cincinnati, December 28,1908, for $9,053.00, payable to its order, at its office one day after date. Certain credits were endorsed on the note and there was a prayer for judgment for $7,350.98, the balance due thereon. Appellee answered and admitted the execution of the note, but denied that the note evidenced any debt due by him, and stated that the circumstances Of its execution were as follows: One Al Cohn, a merchant in…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think the remark of the court in regard to the purpose and effect of appellee’s affidavit constitutes prejudicial error which calls for the reversal of the case. The statement of the court may have been true and appellee’s action in making this affidavit may have been authorized 'by appellant; but that is, the very issue the jury was trying, the decision of which would necessarily be controlling in the rendition of their verdict. Appellant was strongly urging that appellee, in making this affidavit, was acting for himself, and not for it, and offered…
2Cases cited1 opinion
- Hamburg Bank v. GeorgeSupreme Court of Arkansas · 1909
3Cited by9 opinions
- West v. StateSupreme Court of Arkansas · 1973
- Green v. StateSupreme Court of Arkansas · 2000
- Carter v. YoungerSupreme Court of Arkansas · 1916
- Donaghey v. WilliamsSupreme Court of Arkansas · 1916
- Raymond v. RaymondSupreme Court of Arkansas · 1918
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