McDaniel v. Jonesboro Trust Co.
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Gordon Frierson, Special Judge; Appellant was a married woman. She did not purchase the property. The contract was not for her separate estate, business or services. She signed merely as surety for her husband and is not bound. 103 Ark. 246; 146 S. W. 499; 66 Ark. 117; 49 S. W. 491; 108 Ark. 151; 156 S. W. 1023. I. No set-off or counterclaim was filed in the justice’s court.
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Appeal from Craighead Circuit Court, Jonesboro District; Gordon Frierson, Special Judge; Appellant was a married woman. She did not purchase the property. The contract was not for her separate estate, business or services. She signed merely as surety for her husband and is not bound. 103 Ark. 246; 146 S. W. 499; 66 Ark. 117; 49 S. W. 491; 108 Ark. 151; 156 S. W. 1023. I. No set-off or counterclaim was filed in the justice’s court. Kirby’s Digest, § 4682; 44 Ark. 376; 77 Id. 237. 2. Rosa McDaniel was the maker of the note and Whipple the surety. 92 Ark. 604. The jury found ■that she purchased…
1Opinion of the CourtMcCulloch, C. J.
This action was instituted before a justice óf the peace of Craighead county to recover on a promissory note in the sum of $269.78, executed by the defendants to the plaintiff. There was a judgment rendered by the justice in favor of the plaintiff, and Mrs. Rosa McDaniel, who is the appellant here, took an appeal to the circuit court, where the case was tried de novo before a jury, and a verdict was returned against her and judgment was rendered accordingly.
The note was executed by Mrs. Rosa McDaniel and her husband, George McDaniel, and also by J. H. Whipple, as surety. The note was, in…
2Cases cited1 opinion
- Vandeventer v. DavisSupreme Court of Arkansas · 1909