Hodges v. Collison
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The statute of limitations began to run from the date of the last payment on the notes, by any one of the joint makers or obligors. 68 Ark. 399; 34 Id. 44; 20 Id. 171; 50 Id. 229; 88 Id. 108; 64 Id. 80. Payment of interest or part of principal by one of the joint obligors of a note does not lessen or release any one of makers of a note.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The statute of limitations began to run from the date of the last payment on the notes, by any one of the joint makers or obligors. 68 Ark. 399; 34 Id. 44; 20 Id. 171; 50 Id. 229; 88 Id. 108; 64 Id. 80. Payment of interest or part of principal by one of the joint obligors of a note does not lessen or release any one of makers of a note. Kirby’s Dig., § 5080. 2. Where parties sign a note, no matter where the name appears, at the same time, the parties are joint makers if they signed to give the note credit. This constitutes an original…
1Opinion of the CourtHart, J.
W. A. Hodges instituted two separate actions against J. Collison to recover on two promissory notes executed by E. M. Price and J. Collison. The two suits were consolidated before the justice of the peace and judgment was rendered for the plaintiff for the amount due on the notes. The defendant appealed to the circuit court and the ease was there tried anew. There the fifty dollar note was introduced in evidence and is as follows:
“$50.00. January 17, 1908.
“.Sixty days after date I promise to pay to the order of W. A. Hodges, fifty dollars at Bald Knob, Arkansas, with 10% interest per annum.…
2Cases cited3 opinions
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- Nathan v. SloanSupreme Court of Arkansas · 1879
- Lake v. Little Rock Trust Co.Supreme Court of Arkansas · 1905
3Cited by2 opinions
- B. F. Goodrich Rubber Co. v. PresleySupreme Court of Arkansas · 1922
- Hardy v. Ouachita National BankSupreme Court of Arkansas · 1924