Eureka Stone Co. v. Roach
Supreme Court of Arkansas
Appeal from ¡Carroll Chancery Court; T. II. Humphreys, Chancellor; 1. The obligation of the bond was fully discharged by performance. 79 111. App. 443; 43 ■ N. Y. App. Div. 158; 107 Pa.
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Appeal from ¡Carroll Chancery Court; T. II. Humphreys, Chancellor; 1. The obligation of the bond was fully discharged by performance. 79 111. App. 443; 43 ■ N. Y. App. Div. 158; 107 Pa. St. 206. The whole debt Was paid and the mortgage released. 4 Bui. 'Case Law “Bonds,” § 17. There was no liability on the bond whatever. 1. There was no mistake in the bond such .as would justify a reformation. 102 Ark. 326; 94 Id. 130; 101 Id. 22; 99 Id. 480; 83 Id. 131; 89 Id. 309; 81 Id. 166. The. proof must be clear, unequivocal and decisive. 84 Ark. 166; 82 Id. 226; 101 Id. 461; 104 Id. 475; 108 Id. 503.…
1Opinion of the Court
Hart, L
Appellees instituted this .action against appellants 'to recover on a bond. The facts are as follows:
The Eureka Stone 'Companv, a domestic corporation, was indebted to Fransiszka Massman in the sum of ten thousand dollars. The debt was secured bv a mortgage on all the real and personal property owned by the corporation. A certain channeling machine was included in the personal property. Fransiszka Massman died and James Boaoh became administrator of her estate. The corporation wished to nse the channeling machine in a quarry it owned and operated in the .State of Missouri and obtained…
2Cases cited4 opinions
- Hearin v. Union Sawmill Co.Supreme Court of Arkansas · 1912
- Tedford Auto Co. v. ThomasSupreme Court of Arkansas · 1913
- Turner v. ToddSupreme Court of Arkansas · 1908
- Hoffman v. Rice-Stix Dry Goods Co.Supreme Court of Arkansas · 1914
3Cited by7 opinions
- Welch v. WelchSupreme Court of Arkansas · 1918
- Clay v. BrandSupreme Court of Arkansas · 1963
- Connecticut Fire Insurance v. WiggintonSupreme Court of Arkansas · 1918
- Augusta Cooperage Co. v. BlochSupreme Court of Arkansas · 1922
- Fagan v. GravesSupreme Court of Arkansas · 1927
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